Kelly Bensimon calls of wedding - he wouldn’t sign a prenup

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Unless the prenup has been mutually agreed amicably then it is easily torn up anyway.

If signed, the presumption is that it was mutually agreed upon.

- lawyer

Not true. The other party can claim they were shown the prenup just before the wedding, without any discussion or prior negotiations. That greatly undermines the fabric of the document.

And if you were actually a lawyer, you'd know that.

I am a lawyer and you’re wrong. The presumption is, as I said, that it is valid. The burden switches to the party objecting to its validity to rebut that presumption.

- still a lawyer (a divorce one, in fact)

[Anonymous]

A prenup signals you’re not marrying for love, anyway.

[Anonymous]

That is not true. If someone is on a second marriage and they have kids you are coming into the relationship with other responsibilities.
A mature second marriage means everyone is working through this. Not talking a Kevin Costner who essentially treated
his wife like they were not partners but you have to discuss finances and responsibilities for your kids.

[Anonymous]

Sounds like she was prioritizing her kids with this choice. Good for her.

[Anonymous]

She must be a DCUMer. She said “full stop”.😂

[Anonymous]

Anonymous wrote:I think it is troubling that this was asked about four days before wedding. This is strange. I personally would not sign a prenup for a first marriage and I didn’t and we have been married twenty years. Second marriage and you have children things are different. Looks like both of them have a past and this should have been discussed well before marriage. neither of them look good because they should have worked this out long ago. To me this isn’t about even that you are worried your partner will divorce you as it is about if you die and want to make sure your kids have your assets from before you were married and spelled out what happens to assets after you are married.

No one said it was asked about 4 days before the wedding. My guess is it had been discussed for awhile, proposals and drafts were sent back and forth and they couldn’t agree. What was four days before the wedding was her calling it off.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Good for her

+1 Any working professional who won't sign a prenup is suspect.

I'm a working professional and wouldn't sign a prenup. Nothing suspect about me. My DH is a working professional, and so am I, and when we married we agreed that what's-mine-is-yours-and-what's-yours-is-mine. He had more than I. But not a lot more.

Well that's different. My guess is she has considerably more than he does.

That is suspicious given he is a “wealth” manager. I’d run from him too.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Good for her

+1 Any working professional who won't sign a prenup is suspect.

I'm a working professional and wouldn't sign a prenup. Nothing suspect about me. My DH is a working professional, and so am I, and when we married we agreed that what's-mine-is-yours-and-what's-yours-is-mine. He had more than I. But not a lot more.

Well that's different. My guess is she has considerably more than he does.

Actually, she's trying to spin it her way, but the issue is that he didn't want to sign the prenup that contained her terms (e.g. he pays her alimony if they divorce).

[Anonymous]

Anonymous wrote:

Anonymous wrote:Unless the prenup has been mutually agreed amicably then it is easily torn up anyway.

If signed, the presumption is that it was mutually agreed upon.

- lawyer

not if it is sprung on someone shortly before the wedding

[Anonymous]

Anonymous wrote:A prenup signals you’re not marrying for love, anyway.

A prenup acknowledges that people change and their priorities change, just because you are madly in love with someone now doesn't mean you'll still be madly in love with them 20 years from now.

[Anonymous]

They can plan two weddings but leave the prenup until the last minute? I’m guessing it said he had to pay her a lot of money when they divorced.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Good for her

+1 Any working professional who won't sign a prenup is suspect.

I'm a working professional and wouldn't sign a prenup. Nothing suspect about me. My DH is a working professional, and so am I, and when we married we agreed that what's-mine-is-yours-and-what's-yours-is-mine. He had more than I. But not a lot more.

Well that's different. My guess is she has considerably more than he does.

Actually, she's trying to spin it her way, but the issue is that he didn't want to sign the prenup that contained her terms (e.g. he pays her alimony if they divorce).

AND, initially she said that she called off the wedding to spend more time with her [adult] daughters and to focus on them. There was nothing said about a pre-nup.

Then when people started speculating online that SHE wouldn't sign a pre-nup, she came out and spun it her way - that he wouldn't sign.

He's a money manager in NYC. I guarantee that he has more money than her. And she is completely insane - like should be sent to a mental hospital insane.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Unless the prenup has been mutually agreed amicably then it is easily torn up anyway.

If signed, the presumption is that it was mutually agreed upon.

- lawyer

not if it is sprung on someone shortly before the wedding

Still wrong. The presumption is that contracts are valid. That presumption is rebuttable. Do you really think 100% of prenups signed shortly before a wedding are invalid.

Luckily, the one with the legal knowledge here is the lawyer. 😉

[Anonymous]

Anonymous wrote:I think it is troubling that this was asked about four days before wedding. This is strange. I personally would not sign a prenup for a first marriage and I didn’t and we have been married twenty years. Second marriage and you have children things are different. Looks like both of them have a past and this should have been discussed well before marriage. neither of them look good because they should have worked this out long ago. To me this isn’t about even that you are worried your partner will divorce you as it is about if you die and want to make sure your kids have your assets from before you were married and spelled out what happens to assets after you are married.

A pre-nup is the pre-agreed division of assets upon a divorce, not a will. A pre-nup does not determine how your assets are distributed upon your death - that is a will. The ignorance on this thread regarding pre-nups astounding yet people are so quick to have strong opinions on the topic.

[Anonymous]

Anonymous wrote:

Anonymous wrote:I think it is troubling that this was asked about four days before wedding. This is strange. I personally would not sign a prenup for a first marriage and I didn’t and we have been married twenty years. Second marriage and you have children things are different. Looks like both of them have a past and this should have been discussed well before marriage. neither of them look good because they should have worked this out long ago. To me this isn’t about even that you are worried your partner will divorce you as it is about if you die and want to make sure your kids have your assets from before you were married and spelled out what happens to assets after you are married.

A pre-nup is the pre-agreed division of assets upon a divorce, not a will. A pre-nup does not determine how your assets are distributed upon your death - that is a will. The ignorance on this thread regarding pre-nups astounding yet people are so quick to have strong opinions on the topic.

Ironic- bc you’re wrong, too. Prenups can absolutely decide how assets go upon a death. Yes, you still should have a will but it is impt to know that some assets require a separate waiver to be filled out to fully waive the right to the asset. Example:

Husband has a 401k and a pension that follow the rules of ERISA. He and wife signed a prenup saying wife waives his retirement. Under ERISA, he had to also get a waiver from her, so if he failed to do so, then she gets the money even if she was not named as a beneficiary of those acccounts.

Otherwise, the prenup can definitely waive assets in a divorce AND death and almost always does.