Need some friendly advice from a lawyer!
 

Ive heard too many horror stories from friends about loosing their a$$ in a divorce. I have been told that you can put your assets in some kind of a trust and your spouse would not be able to touch it. Is their any truth to this? Also how about prenups?
I am young, and unmarried. Can any body give me any good legal advice so I can protect my business and other assets in the future so I dont get fu#*ed like my freinds did?

Yea, marry the right girl the first time and don't screw it up. In Wisconsin it's 50/50. Don't know about the other states....

Don't get married.

Number one reason for divorce? Marriage.

What he said! Marry the right girl and take your marriage seriously, then you don't have to worry about divorce.

Well, I am broaching this right now. My GF/Fiancé is an attorney. I own a business and she has money in her own right also. We have been going through this a lot lately.

BUT! Prenup is about the only way to protect yourself, the trusts don't work. A prenup is usually invalid if you do something like cheat on your wife or things like that. I suggest that you have a prenuptial agreement, but it can only protect you so far.

Coddigtion..can you specify when you say that a prenup will only protect you so far?

Prenup's usually have clauses in them that make them null and void if you do something bad, like cheat on your wife, murder or commit a crime. Also they can be found null and void if they go to far! Example you catch your wife cheating and she gets nothing. If you get married, what ever you make from that day forward is usually a large amount your wifes.

HEY..... Were you not asking about my sister-in-law last weekend???????:p

Friendly advice/lawyer: 3 words that don't belong in the same sentence:D

I am an atty and I can only help you to this extent -- GET A PRENUP! The law is different from state to state, so I cannot tell you the rules where you live. I can tell you that both parties need a lawyer, and that if one side doesn't get a lawyer, it will be easier to set it aside later.

I had a prenup, and went through a divorce, -- it was tough. I don't want to think of what it would have been like without it.

Nevertheless, everyone else is right -- marrying the correct person is the key. The old addage "measure twice, cut once applies.

Think it over SERIOUSLY!!
 

Good luck to you wanting to get married! DON'T do it just to follow the crowd!!! Personally I think you're to young for it yet. I didn't get married until I was 40. The only reason to do it earlier is to have kids! I would never do it again. I know there are quite a few happily married guys on this board, and I say congats if you are. The only thing I would make sure with your bride-to-be is that she is REALLY into the same things you are. Mine was at first, but has taken a 180 degree turn on quite a few things and I have to fight my time away from her to go boating. I really don't see me getting much different boat, while I am married (the key phrase for me) so I go with the flow these days until I have the nerve to confront things! Unfortunately, nothing is quaranteed in life and marriage is the biggest gamble of your life!

Wife #1 was into all the things I was way way back. Then bit by bit she changed. Could have been kids, could have been age and the old... she grew up and....."I didn't". My therory is that "some ladies" ... not all however.... are all for everything you are until they land the catch. Then watch out. I sold my race car when things were not right, then a year later I was TOLD the boat had to go or she would. My final choice... Bye Bye wife!
We are still friends and would you go figure when Cathy and I purchased the new boat the first thing out of the ex's mouth was ...."when do I get to go for a ride" NOT! :D :D :D :D :D :D

Woah guys! I never said I was getting married, hell I dont plan on it for years if ever ,I just said that I wanted to be able to cover my a$$ if I ever did.

Exactly......and marry one that makes more money than you do.......:D ;) . I didn't do that the first time around.

I indirectly engaged in an Ohio divorce case at this time. Regardless of the jurisdiction, bank on a 50/50 split, subject to laws in certain states that allow each side to keep separate: a) inherited funds/property; b) money/property brought into the marraige; c) gifts from third parties made directly to you, not her. Do not comingle these special/separate funds or they lose their special status. It used to be that placing your funds in a trust would prevent you from losing your property. The problem with this scenario is that A) you have to appoint a trustee to manage your property (better make it someone you REALLY trust) and B) the court could impute income to you from the trust the same way they sometimes claim a spouse is underemployed and/or is taking steps to purposely reduce their income to avoid alimony.

The pre-nup is the most secure way to go, but even that has its pitfalls as you have read above. Marrying intelligently is great advice but remember people change and even the best intentions and due dilligenec from the beginning may prove all for naught at a later date if you or your bride changes and you longer are compatible.

That's this Phknlwyrs $.02.

THRILLSEEKER you are doing the right thing by trying to protect your a$$! my brother who is also young is going through this very same thing. this money grubbing leach he has just wont quit. he thought she was the one, turn out she was the one to stay away from! think this through now cause you wont be thinking clearly when you are in puppy love and ready to do the marriage thing.




Good Luck, Rob

Add this to the deep well subjects!
 

They say Politics and Religion are the deep well subjects. Better throw Marriage in with it these days!! Good thinking THRILLSEEKER, stick with that nickname as long as you can, because marriage may take it away from you!! :cool: :p :D

Fla everglades ........

I would take odds on Roxie vs. the Gatores in the everglades!

That's good point Phkn...... I have already told her when i buy an air boat it's time to leave.....Imagine my shock when 2 months later she comes strolling in the door......She is a tough cookie !!

Prenuptual agreements are part of contract law and if the state law (statutory law) says the property has to be split, then the statutory law prevails over the contract law. However, prenups are starting to carry more weight these days. One of the things it does do, is to lay out who owns what.

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Sorry. I had to vent.

50% of marriages end up in divorce 50% end up in death . my .02 worth :confused: Doug