What’s Mine is Yours…or Is It?
By Heather Faucher | Posted on May 26, 2009 | Filed Under Prenups
When it comes to marriage, it’s not uncommon for couples to have the “what’s mine is yours and what’s yours is mine” attitude toward finances and property, which is all well and good—unless the worst happens and that whole “till death do us part” vow gets tossed out the window. Unfortunately, sometimes divorce becomes a free-for-all, with each spouse out to get as much as he or she can, whether or not they deserve it. Then again, who deserves what can definitely be a matter of opinion.
Some think that prenuptial agreements are just for celebrities or the uber wealthy. Others are vehemently opposed to them altogether and find the mere mention of signing a prenup insulting. But—isn’t it considered foolhardy for people to enter into any type of contract without a written agreement setting out the rights of each party explicitly? Why, then, should it be any different with marriage? Oh right, many people think it “spoils the romance” or means the other person doesn’t love or trust them enough. Which probably would be exactly what someone who is intent on defrauding a wealthier spouse from day one would claim, so isn’t exactly the most valid argument against signing a prenup.
Nobody goes into marriage expecting it will end—okay, it’s probably more accurate to say that the vast majority of us go into marriage expecting it to actually last “till death do us part.” That doesn’t mean we can’t be smart and spell out everything in advance, just in case the worst does happen. Too many people degenerate into bickering children (who traumatize their own children to no end) whose only goal is to hurt the other person as much as possible. By entering into a prenuptial agreement up front, you can take out a lot of the later acrimony and potentially save your children—and yourself—a lot of heartache.
Just so this isn’t all doom and gloom, here are some odd prenuptial clauses inserted in actual prenuptial agreements:
1. A clause permitting random drug tests—with monetary fees owed to the other spouse in the event of failing any tests.
2. One husband had to promise not to watch more than one football game each Sunday.
3. Another husband required he not be made to go on vacation with his mother-in-law
4. Charlie Sheen and Denise Richards (back before they actually did hit the Big D) signed a prenup awarding $4 million each time the other one cheated! Big shocker that marriage didn’t end well…
5. The disposition of pets—both living and dead—can also be a biggie when it comes to divorce. In a Newsday article, Leon F. Bennett, who has represented Marlon Brando, Kelsey Grammer and Dennis Hopper, related how he once handled a case that dictated the destination of a couple’s taxidermied horse. Ewww!
6. Also according to that Newsday article, some recent celebrity prenups have required: the wife’s weight not exceed 120 pounds or she had to ante up $100,000 of her own property; a husband has to pay $10,000 each time he’s rude to his wife’s parents (that could get expensive!); no mother-in-law sleepovers; and—mandatory sexual positions (?!?).
Those off-the-wall requirements make the simple division of marital assets seem not so bad after all…
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Tags: Divorce, Prenups, prenuptial agreements, prenuptials
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