An interesting comparison was made between prenuptial agreements — or maybe we should just call them Nuptial Agreements — and Wills. If a person dies without a Will, then there is a standard government procedure to dispose of their assets. This is not good at all, which is why anyone with anything should have a Will.
McDonald Law Firm: Prenuptial Agreements vs. Wills and Trusts
Even if you do not have anything — children or assets — at the time of marriage, certainly you can expect to have something eventually. Thus, like a Will, you should agree on an arrangement for their disposal, in the event of a divorce.
Similarly, you should make every effort to keep the State out of your marriage, such as: don’t sign any Marriage Licenses, or Birth Certificates. In the past, marriages were recorded in the blank pages in the back of a Bible.
In time, marriages without prenups might be like people without wills — basically, poor people with nothing to lose. The regular middle-class process should include a Nuptial Agreement.
Mozart’s Opera Cosi Fan Tutti (“All Women Are Like That”) ends with a wedding. This wedding is consummated by … signing a Nuptial Agreement. (2:56:39) Note that this is done by a private-sector notary, who writes a custom agreement.
One thought on “Wills and Prenups”
Not an attorney, just a layman here. Marry in the church if you can find a minister to do so without a state sanctioned marriage license, and if you can find a woman willing to do so. End. Then the State/Feds have no standing when she is not happy and dissolves the marriage. A North Carolina lawsuit discussed this very dissolution situation. Sorry i cannot provide the reference.