A pre-nuptial agreement, which is also referred to as an ante-nuptial agreement refers to a written contract between two people who intend to enter a marriage contract. It provides for the conditions for the treatment of future earnings, possession of assets, potential divisions in the event of the dissolution of the marriage, and possession of assets during the time when the marriage is still valid (Gallo, 2004). The dissolution of the marriage in this case could imply the event of a divorce, separation or a break-up. Generally, such agreements are entered into in cases where either or both cases have children from a previous marriage; possess substantial assets, high incomes or potential inheritances. Prenups also protect the married couples by reducing or eventually avoiding the arguments arising in the event of a divorce and protect each party from the debts of the other. In the present society, divorce, separations, and remarriages have become more rampant, this has triggered the application of these agreements in order to clarify marital affairs during the time of marriage and after its dissolution. However, prenups vary from different countries and regions in relation to the provisions of the constitution of the specific country or region (Rangel, 2012).
With reference to the case of Marietta and Jeremy, if I were a party, I would assume the role of Jeremy.
In my position as Jeremy with regard to this case, I would consider entering this agreement. I consider the advantages related to this resolution as beneficial to my wife, all my children, including the one I had with my former wife and me and myself. I would also benefit from the agreement. However, this should not be misunderstood for defend my personal interest, but for the whole family, including the extended family (Ihara, Warner and Hertz 2008). While taking this decision of entering the prenuptial agreement, I am motivated from my experience with my former relationship. The agreement would serve best in protecting the company that I have, in case of any misunderstanding arising between Marietta and me. Since I love her, I am interested in protecting our marriage and monitor our agreement’s provision, so that none of us omits their responsibilities. The best purpose that the agreement would serve us is in obtaining a divorce. Unlike my case with my former wife, filing for a divorce would require minimal negotiations and every individual would receive according to the allocations of the agreement.
My fears with entering this agreement with Marietta majorly lies on two issues, first, I am afraid that she might only like the provisions that favor her in case of a divorce in relation to sharing the company’s properties which I gained from my hard work. The second worry is my 6 years old child, whom I had with my previous wife. I case I do not enter the agreement, I am not sure how she would treat the child, being that she had never been married before, and has never had another man’s child.
My rights in this case, in my opinion, include ensuring equal treatment of every member of the family. I also have the right to equitable share of the family properties in the event of a divorce, break up or separation (Knox and Schacht, 2010). My major concern in this case, judging from my experience with my former wife, is to ease the negotiation in the event of filling for a divorce. When we amicably reach a prenuptial agreement, every party would be sure of their provision as guaranteed by the agreement.
The advantages related to this decision are numerous to include, protection of the family properties, even in the event of bankruptcy, to protect the best interest of my child with my former wife, offering him equal treatment as those that I would have in my present relationship with Marietta. In addition, it would protect everyone’s position in the marriage (Stoner and Irving, 2012). In my opinion there are limited disadvantages related to this decision. However, I feel that since everyone would be sure of their advantages in relation to this agreement, one party might wait until their benefits have accrued, and file for a divorce even on simple matters so that they are better off than the other party is. Nevertheless, despite this I would prefer the option of going for this agreement, considering that the advantages outweigh the disadvantages.
References:
Gallo N. A. (2004). Introduction to Family Law: West Legal Studies Series. Stamford, Connecticut: Cengage Learning
Rangel D. (2012). Prenuptial Agreement. Milan: Harlequin Enterprises Pty Limited.
Ihara T, Warner R, and Hertz F. (2008). Living Together: A Legal Guide for Unmarried Couples: Nolo title 14th edition. Berkeley, California: Nolo
Knox D and Schacht C. (2010). Choices in Relationships: An Introduction to Marriage and the Family. 10th edition. Stamford, Connecticut: Cengage Learning.
Stoner A. E. and Irving J.D. (2012). Prenuptial Agreements: How to Write a Fair & Lasting Contract. 4th edition. Berkeley, California: Nolo
