You're being shortsighted in your response. She may not have ulterior intentions, but what if she ends up a SAHM, takes care of the kids while fiance works at family business. He works long hours and doesn't even take home a good/competitive salary because the family wants all profits returned to family business so it could grow, the house they chose together and lived in was purchased by the family business. 10 or 15 or 20 years later, the company grew 10-fold and fiance now wants a divorce. She would get nothing. I'd say she put a lot into that business - living below their means, taking care of her DH while he worked to build the business, and then when divorce time comes, her DH's $10 million share of the family business isn't counted, but his $35,000/year paycheck for running the business is what's counted in marital assets? Not even the value of the house could be considered marital assets because it's owned by the business, as well as the cars, etc. Yes, it sucks for the business to have to valuate and liquidate part of it, but she does deserve a part of that. I suggest they value the business at the time of marriage (obviously the ILs want a high valuation and the fiance a low one) they come to a consensus somewhere in the middle. Then, if they divorce, she's entitied to half her DH's ownership portion of the growth of business since they were married. Oh, and I'd be sure as hell to say the prenup is void in the event of cheating, emotional or physical abuse. |
It seems there are a lot of hypocrites out there. People wouldn't sign/have a prenup if they have something to gain BUT if they have something to lose they would/have. How convenient! |
Good lord, you know nothing about business. If he owns part of the business, without a prenup, she owns part of the business, yes, she can be involved. See why the FIL does not want some dingbat involved in the family business. |
No. She does not deserve any of it. It would be nice for her to get a prenup so they can determine what she does "deserve" like enough to live on long enough to get a job and support herself.
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The problem is what if he takes over the family business at some point and that is his main source of income and he puts *all* of his savings into it? He could easily tie all of his assets to the family business, assets he earned while married to the OP. And she would have signed her right to any of them away. Let's add to the scenario, what if she had a few kids and took some time off work, decreasing what she earned/saved to take care of his kids? Then she's screwed. I would not sign a prenup. If you feel a prenup is necessary, then don't get married. If you don't want to combine finances/assets, there actually is no reason why you need to get married. Period. If you want your partner to have power of attorney if you're in the hospital, you can do that without getting married. |
He could also take all their savings and buy his mistress an apartment. Um! Yes. They need a prenup so that all parties agree before marriage what is a fair way to deal with assets.
The prenup might actually protect her in the end. I won't even get into she needs her own money and way to support herself.
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+1 except I just plain wouldn't marry him, because he might later resent losing any claim to the family business over me. Of all of the marriages I have observed (family, friends, et cetera), it actually seems to me that it's not money that breaks up most marriages or causes the most misery in a marriage; it's inlaws. I realized that one of the big things to look into before agreeing to marry someone was whether I could deal with the inlaws. If inlaws are intrusive, manipulative, controlling, that's a red flag. It's not even that you have to like your inlaws, but you do have to feel relatively confident that they're not going to interfere in your marriage. And usually there are flags before getting married. |
DIL's motives are questionable.
No wonder the future FIL is not willing to risk his family business. |
what is questionable? I bet you don't answer that. |
That's what I see as the problem though - you never know what will happen. For a number of years, I was a VP in my husband's family business and worked full time at it, and I think I contribued a lot to its success (now I have a separate job). As long as she is contributing to running the family business and it isn't just a title, why would she be entitled to no part of it at all? |
I dont think the bride really wants anything to do with working at the company. |
the difference between a will and a prenup is that death is inevitable and certain. Are you saying divorce is inevitable and certain? If so, then why get married in the first place? That's how I feel. All of the arguments about "half of all marriages end in divorce" don't convince me people should get prenups -- it convinces me that people shouldn't be getting married. Instead of setting up a legal arrangement in case a marriage fails, just set up a legal arrange to co-habitate (i.e. establish power of attorney, et cetera). The whole point of getting legally married is to become legally and financially entangled/merged. You don't have to get married because you're in love. Just be in love! The problem with prenups, as with any legal document (like a will), is that they can still be contested. So then it becomes a matter of both parties getting lawyers to go over things to make sure it's airtight, et cetera, et cetera. It seems ridiculous. Again, just don't get married! Even with a prenup, once you get married, your spouse affects your credit. There's no avoiding every possible thing. If you don't want to be entangled, don't get married! |
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I didn't think I did either, but my husband needed my help, and I wound up liking the work more than I thought I would. The point is, I would be reluctant to close myself out, since you don't know what is going to happen. Perhaps if there was a provision included that said something along the lines of "provided that she did not hold a position above the level of X for X number of years with the company." |