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Will you sign a prenuptial agreement?
Oct 19, 2007 02:25
  • LEONARDO
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As the divorce rate increase in recent years, there are many Chinese who are trying to sign a prenuptial agreement. I have heard that signing a prenuptial agreement is popular in the western countries. Before getting married, they have considered how to distribute their property in the event of divorce. For me, it seems that the two lovers don’t have enough confidence in love and marriage. From the perspective of Chinese ways of thinking, signing a prenuptial agreement seems to be inauspicious, since you have already thought of the possibility of divorce. You are very likely to end up with divorce. While some friends argued that signing a prenuptial agreement is to prevent disputes from happening in case of divorce. Will you sign a prenuptial agreement? What do you think of a prenuptial agreement? Is it a manifestation of distrust for marriage and love? If you plan to sign a prenuptial agreement, do you wish which clauses should be included in the agreement? Clause No. 1, in case of divorce, 1/3 assets should be distributed to me. Clause No.2: the husband should quit smoking. No.3------?
Oct 19, 2007 04:45
#1  
  • DESTRUCKDOZ
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Nice topic, Leonardo.

I particularly do not believe in Prenupts. And your right about the level of confidence that one would question if they were to suggest drafting one.

But in my neighborhood, having a Prenupt is like having insurance policies on there vehicles, everybody has some type of protection. Once during a small all guys bbq/touch football/beer get together I asked about there views for a college paper I had to write about on the subject. Main reason? they believe divorce is inevitable. I slowly started to understand what they mean by "inevitable" as I entered the industry myself after college. Mostly that there does not exist a 9-5 job for the careers we each took, and from what I firmly believe is that your job will become your new family and tearing up the existing one, even on weekends. Mostly Engineering and upper management figures but what I find interesting is that they find the Prenupt they each signed before getting married is what keeps them together for varying reasons.

Some of the common types of clauses I have heard of entails that you leave with what you brought into the marriage so as that no one profits from the union.

Leonardo, If you want to see a hilarious movie on the subject, rent/buy "Intolerable Cruelty"

Danny
Oct 19, 2007 10:32
#2  
  • APAULT
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Suggesting it is inauspicious is like saying you won't wite a will, which of course we do because death cannot be forecast and it is good financial planning. Prenuptual agreements should be seen the same way when one partner brings more money to the relationship than the other. Regretably there is divorce and to say 'It won't happen to me' is putting ones head in the sand. It is a question of statistics, it will haopen to some of us. Of course it depends on the other laws relating to divorce/separation. If they recognise prior ownership of wealth and that it should be returned to the partner who brought it into the relationship, there is less need for prenups.

In Australia, the laws vary between states, but generally pre-nup agreements are only valid for unmarried relationships but are invalid for married couples.
Oct 19, 2007 10:36
#3  
  • APAULT
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I hit submit in error.....

The reason for this strange treatment is that a pre-nup is covered by common law (general historic basic law) while divorce is covered by specific legislation which has other requirements overseen by a separate court...that cannot consider common law. .
Oct 19, 2007 14:05
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  • GRIZ326
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You should not marry someone you do not trust. A pre-nup is inauspicious. I would rather gamble on the moral integrity of the person I marry than to jinx my marriage.

Okay...so my head is in the sand...
Oct 19, 2007 15:17
#5  
  • DAVEC
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I would sign one. As long as my wife is happy and we discuss fully what is in the contract then I see it as similar to a will.Then there can be no misunderstandings or arguements.
Oct 19, 2007 21:01
#6  
  • KEVIN0518
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I will consider signing a prenuptial agreement. Though it is inauspicious, I think it is good for both parties. At present, many Chinese people agree to notarize their property before marriage.They learn to use legal means to protect their interests. I think that is good.
Oct 21, 2007 23:17
#7  
  • ICEBLUE
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Signing a pre-nuptial agreement is unacceptable for me. If somebody proposes to sign a prenutial agreement, I will break up with him immediately. This is my idea: before my marriage, a man has caculated how to distribute property, and he must be a man of calculation. I don't like a complicated man of calculation. Addtionally, you have thought that you are ver likely to divorce me, why should I marry you. I am not a fool.
Oct 22, 2007 01:48
#8  
GUESTBIG RED Perhaps that is why your alone, Iceblue?
Oct 22, 2007 11:48
#9  
  • GRIZ326
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That seems a bit mean-spirited Big Red.

ICEBLUE's comments appear to be traditional and not exclusively Chinese to me. Many American woman would never marry a man who wants a pre-nup...but their motives may not be as pure as ICEBLUE's seem to be.
Oct 22, 2007 11:55
#10  
  • JCNILE123
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Griz, do you say PURE?
Are you condescending her in any way?
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