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Prenuptial for a friend

AmIWicked's picture

A friend of mine is divorced with three kids and about to marry a man who is going into business with his brothers. None of the men have ever been married. She is the only one in immediate connection who has been divorced. And the only kids involved are hers.
A few comments were made by his brothers:
-We need to get something in our contract in case you get divorced
-You ARE getting a prenup right?
-She does understand that this is OUR business

I told her to get a prenup a long time ago(because her family is wealthy and she stands to inherit millions)
She didn't want to get a prenup then. Now her fiance is pressuring her to get a prenup and it's really pissing her off. She didn't want a prenup when it was to protect her. But now he wants a prenup to protect him and his brothers.

What can I say to her to convince her this is a good idea? That it will protect her millions more than protect his piddly business with his brothers.

sbm014's picture

Maybe focus it on the children. Perhaps tell that as you told her previously this will ultimately protect her as well.

Maybe mention before she didn't think it was a big deal because it was just her. (I am assuming) I would tell her that a prenup would help ensure her children are taken care of if something were to happen opposed to him being able to claim community property and funneling it into the business with his rude brothers....because honestly to me is rude for her to even know it was his brothers idea why not just say you were considering it.

Just some ideas.

peacemaker's picture

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Shaman29's picture

She is due to inherit money and her BF and his brothers are starting a business?? Depending on the state in which she lives, she could be held liable if their business goes into bankruptcy. If the corporation or partnership her BF and STB-H is involved in, is in a community property state, their creditors could go after her assets.

She would be a fool....FOOL....not to get a prenup, in which she specifies at the very least these things:

None of her assets/inheritance is used for his business.
She is not responsible for his business debts.
Should his business go into bankruptcy, their joint personal assets are not at risk.

She needs to lawyer up and get a prenup to protect herself. This isn't in case of divorce, this is so she is protected after marriage. His business could wreck her.

Jsmom's picture

Get a prenup...very easy. Mine is 18 pages long and protects me and my husband. Why not get one? It was like $500 and will save us thousands if this marriage implodes or my business goes bankrupt.

simifan's picture

I would never sign one. To me marriage is about trust & partnership. I could care less what logical sense it would make nor who it would protect. I'd walk in a heartbeat.

Disneyfan's picture

At this point in life, I would never marry without a prenup. A refusal screams that you are with a greedy person who plans to wipe you out if you divorce.

Shaman29's picture

Prenups are not preparation for divorce.

It's protection against bad decisions your SO made in the past and may make in the future. Especially if you have personal assets prior to the relationship.

I consider anyone who has personal assets at stake, that doesn't have a prenup, a complete and utter moron.

Quite frankly, if I asked for one and my fiance refused I would walk away from the relationship in a heart beat.

Shaman29's picture

You and I are on the same page.

I work in commercial credit and request personal guaranties all of the time. If the customer defaults, we send them to collections. In the event we file suit or they file bankruptcy, we can go after them personally.

Regardless of her involvement in the business, she'd be SOL if it went under.

AmIWicked's picture

Thank you for the words of wisdom. I'm going to share with her to get rid of the idea that a pre nup is preparation for divorce. That it is actually protection for during the marriage... hopefully this gets through to her.