For those of you who don't know Kayne West is a singer/rap/soapbox talker who has strong opinions on certain topics. He has a song talking about gold-diggers (women who try and leave their husband and take all his money) and half way through the song they chant out WE WANT PRENUP. After talking to a BFF of mine in a questionable similar situation around this, I decided to research this a little further.
A prenuptial (or “prenup”) agreement – also called a premarital agreement – is simply a contract between two parties before they get married. The prenup is designed to allow each party to lay out certain conditions and/or distinguish personal property (assets acquired before the marriage) from community property (assets acquired after the marriage). Prenups can also allow couples to provide for children from a previous marriage and protect assets in the event of death or divorce. (taken from this site)
OK, so if a prenup is an agreement between two parties, bride and groom, then you would think that each has a say in what goes into the prenup, right? Does that mean you get two lawyers? And what if the couple has a child prior to the marriage? Can there be anything in there about custody or future financial education obligations?
The same above site states the following:
3.3 Child Custody
Child custody can never be addressed in a prenuptial agreement – at least not in a manner which will be upheld by any court. The court will always retain jurisdiction to make custody and visitation decisions based upon the best interests of the child.
3.4 Child Support
Similarly, child support cannot be established via a prenup. The support of the child must be based upon the needs of the child at the time of the child support judgment and not at the time of the prenup. A judge will use appropriate guidelines and calculations at the time of the divorce to set a child support obligation.
Good to know, right?
But, in all seriousness, prenups can be scary but I can see also how they are necessary in some situations. I think its something that should just be left on the kitchen table or on someones purse, but as a contract that two people discuss throughout the process. Does that seem unreasonable? It's hard though, you are basically discussing what happens when you get divorced, before you are even married? And if there are children involved that an even bigger issue. Basically, you need to protect yourself from a lot these days, which is, well, a total wedding buzz-kill.
If we had a prenup, I would def. have to put a clause in there that I would get to keep everything pink. Hmm, but I'm thinking there wouldn't be any protest against that :)
Did anyone go through this prenup issue while planning their wedding? If so, ever hear anything about child custody getting roped into it?
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