Should I sign a prenup? 2 Answers as of May 02, 2012

My fiancee mentioned a prenup before our engagement and didn't discuss until two months before our wedding. I agreed upon signing a prenup, but not to signing one if I did not receive anything in the end. In his proposal, he offered me nothing. Second revised, offered alimony, lawyer fees and temporary housing while going through divorce. Nothing that was made after the marriage would be mine. We had planned on having kids, me being a stay at home mom and I would still not receive a dime. Should a I sign a prenup that stipulates no 50/50 with a home we purchase together or anything throughout and after the wedding?

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Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Are you asking for personal or legal advice? A pre-nup is a strange animal - it declares up front that if this marriage does not work out, we (you and he) both agree to split the stuff a certain way which may or may not comply with law. By way of explanation, in Texas, all property acquired during the marriage is community property. You would be entitled to a share of the community and the law assumes you are of the community therefore you are entitled to of the community property. A pre-nup may award less, or it may award more. Every case is unique and depends upon the parties. Furthermore, on a personal note, if he truly loves you then he ha no concerns that the marriage would fail and should not care. The flip of that coin is that if you truly love him you should have no concerns that the marriage will fail and therefore you should not care. My PERSONAL advise is that if either of you are going in contemplating failure, consider the option of not marrying until that problem is fixed. That said, I would NEVER allow my daughter to marry a guy that handed her a pre-nup that states what your specify in your question. I would not have near as much heartache if the pre-nup simply states that going into the marriage he owns XYZ and that XYZ will forever be his separate property, including any income derived during the marriage from XYZ - provided XYZ is not a closely held business and sole means of income for the family (such as a medical practice).
Answer Applies to: Texas
Replied: 5/2/2012
Thomas P. Carnes, Attorney & Mediator | Thomas P. Carnes
This is really a personal and business decision rather than a legal one. I draft prenups, but not draconian ones, and I generally tell my clients that they are bad kharma. If you want to marry this guy, even with a prenup, and he really wants to marry you, he should be willing to pay for a lawyer of your choosing (if you cannot do so) to negotiate a prenup that protects the legitimate interests he is presumably trying to protect while, at the same time, is fair and equitable to you. If he insists on the prenup on a "take it or leave it" basis, whether you proceed is up to you; but I think you know what I think.
Answer Applies to: Texas
Replied: 5/1/2012
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