"Holla we want prenup, we want prenup, it's
something you need to have, cause when she leave yo a**, she gone leave with
half” ~Kanye West "Gold Digger"
Kanye West is not always credited
with being on the right side of any issue, but this complex artist may have
been right when he directed his fans to investigate the merits of a prenuptial
agreement. Prenuptial agreements tend to get a bad rap (no pun intended)
but they are a great multipurpose tool for people considering marriage.
To put it in perspective, prenuptial agreements,
often referred to as Prenups or Premarital contracts, have been around since the
Ancient Greeks and we see its legacy in the form of the Ketubah, which has its
origins in Ancient Jewish Law. They fell out of fashion only recently as
opponents of premarital contracts made claim that the agreements undermined the
sanctity of marriage and forced couples to enter into a marriage with an eye on
divorce.
While there is some debate as to the decline or
rise of the divorce rate in America, one thing we know for sure is that
sometimes people do get divorced. And more often then not the result, despite
what we see on Maury Pauvich, is due to the reality that couples simply fall
out of love, and generally not because we don't know who the baby's daddy's
really is. A premarital agreement does not increase the possibility of divorce
but rather serves as an insurance policy of sorts. You never want to have to
use your insurance, but you're glad it's there just in case the marriage
crashes and can't be salvaged.
Kanye Voice “Yo
Keo’vonne, I’m really happy for you, Imma let you finish, but don’t prenups hose
the party who is at an economic disadvantage?”
A prenup is an agreement like any other and can
be negotiated and redrafted until both parties feel they are satisfied with
the agreement. Remember, a premarital agreement must be entered into
voluntarily and without coercion. It must be a written agreement, signed in
front of witnesses. It cannot be unconscionable and both parties should consult
an attorney who has their interest in mind.
A prenup can actual help provide for a spouse
when the marriage ends. We typically think of prenups as a tool to shield
assets, but they can be used in the reverse. A prenup can enable a spouse to
have property rights in inherited property that would ordinarily escape a
community property designation.
Prenuptial agreements are also a great way to
preempt a drawn out and unsettling divorce. The financial details of a
separation or divorce can be worked out while the couple is very much in love. The idea is that if the couple is making the hard decisions before they are being dictated by bitter emotions, they will make smarter and less destructive choices about how to end their their marriage.
Prenuptial agreements are like any other
contract because they can be amended or ended. Terms can include a sunset
clause that voids the prenuptial agreement after a number of years of marriage.
Terms can also be drafted to incrementally blend assets or increase/decrease
financial obligations according to preset triggers like the birth of a child,
infidelity and even a relapse of drug use[1].
So sure a bouquet of roses is sweet, but if you
want to show your partner that you care holla “WE WANT PRENUP, WE WANT PRENUP!”
Don’t really do that…an open and honest conversation should do the trick.
Keo'vonne W.
"Turn Your Dream Into Your Legacy"
[1] Keith Urban, a former cocaine addict, forfeits
his rights to any of wife Nicole Kidman’s fortune if he uses illegal drugs.
No comments:
Post a Comment