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Ask HN :Why didn't you sign prenup? You regret it now?

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Ask HN :Why didn't you sign prenup? You regret it now?

#1
I mean most people here otherwise so analytical about almost everything here. Writing code that covers negative cases, edge cases, failure, rare event etc. Why don't then they secure themselves in marriage? It seems counter-intuitive. Yeah I know "Love is transcends all dimensions ..blah blah". I get it but still hard to understand considering, at least in west marriage fails more often than not and people still don't protect themselves using prenup.

Re: Ask HN :Why didn't you sign prenup? You regret it now?

#2
Half of first-time marriages fail, so it's not more often than not. People also don't sign prenups because they expect that their marriage will last for the rest of their or their spouse's lives. Marriage is not supposed to be a short-lived of frivilous thing.

Re: Ask HN :Why didn't you sign prenup? You regret it now?

#3
A lot of it depends. The benefits of a prenup can be marginal depending on the laws of the state if both parties have similar assets and income. Of course there seems to be gender bias in the courts, and even abuse of process (restraining orders based on fictions to gain control of the house, etc).

Some states are fillial responsibility states. I wanted a prenup to protect our assets during the marriage, so that the state wouldn't be able to come after stuff in my name to support her deadbeat dad. We're protected in a different way because his prior actions was considered abandonment. If we had any "real" money (wife's mother was very dismissive about the amount I saved up), then i guess I could still set up a trust.

I still think a prenup would have been good. Why not decide on what is fair and reasonable when on good terms and you're not clouded by hate or resentment? It would save massively on legal fees. My wife didn't want one. She never gave a reason, but it's safe to assume that the conditions under the court eiild be more favorable than a prenup that excludes alimony. Her mother made some huge deal about me "not knowing what I'm doing", even though she has a prenup and couldn't give any explanation of why it's a bad idea. So overall, it feels like I was taken advantage of and they basically bullied me (repeated unsupported emotional attacks) into not getting one.

Frankly, I don't see much reason to get married in today's world. Sure, there are some minor or fringe benefits when dealing with taxes and stuff, but most companies are recognizing domestic partners for benefits even without official domestic partner certificates. Marriage is just a piece of paper from the government and shouldn't be neccessary to validate one's relationship.

Re: Ask HN :Why didn't you sign prenup? You regret it now?

#5
post #4

Most of the time what is in a prenup should be part of your state law anyway. Write your congressman (state not national) and get reasonable laws in place. Most people shouldn't need one.

While it's true that most things in a prenup are also in law, this overlooks one benefit. I would say that the benefits would be marginal if the two parties have similar assets and incomes (and being rational helps).

The laws are generally guidelines. Judges can basically do what they want and make exceptions. There can also be fights in the undefined areas and proving ownership of specific items, etc. I would think business ownership would be a big one for many people on this site. If divorce under the law was straightforward, then it wouldn't cost tens of thousands of dollars in lawyers fees to navigate the system.

If you have a prenup, the terms are more settled and more specific to the individuals. Courts are generally more compelled to honor the terms under contracts that are consistent with law than making those same determinations through examination and application of the laws alone (I've witnessed many incompetent magistrates and judges). This can also avoid some of the nastiness that can come up in court testimony that may impact/involve any kids involved.

Re: Ask HN :Why didn't you sign prenup? You regret it now?

#9
post #3

A lot of it depends. The benefits of a prenup can be marginal depending on the laws of the state if both parties have similar assets and income. Of course there seems to be gender bias in the courts, and even abuse of process (restraining orders based on fictions to gain control of the house, etc). Some states are fillial responsibility states. I wanted a prenup to protect our assets during the marriage, so that the…

"Why not decide on what is fair and reasonable when on good terms and you're not clouded by hate or resentment?"

This is also great advice when forming a business partnership. It was a great help to me when I was ready to leave a business I owned 50-50 and saved us from ending up in a lawsuit.

Re: Ask HN :Why didn't you sign prenup? You regret it now?

#10
Divorce rates peaked in the 80s, and have been declining for decades. It is still not a good statistic, but we're getting better, and more than 50% of marriages last. Part of the reason they are lasting is that being in a non-married relationship is gaining more acceptance, so there is not such a drive towards marriage. I'd say that at this point, if you feel that you need protection from your spouse, you simply should not be getting married in the first place.
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