I'd actually like to see pre-nups made into law. If you don't make one yourself, you get a pre-nup that says what already happens now when you divorce - but you have to sign it and acknowledge - "yes, I want to be raped in the ass if he/she leaves me". That might remove some of the emotion and distill a bit of clarity.
The thing is pre-nups aren't always enforcible. The major reason is that no one makes provisions for hitting the jackpot (either literally or founding a business that makes you rich), or that if one person does the partner can contest it in court as an unforeseeable circumstance. This usually ends up falling under the 'unconscionable' clause in the law.
Then there has to be full and/or fair disclosure (your spouse needs to know about that $50,000 you have put away). The other (possibly the easiest reason why prenups can fall apart) is that the agreement has to be entered upon voluntarily by both parties, so if your spouse only agreed to the pre-nup because you threatened a break up then the pre-nup is automatically void.
The sad thing is that if pre-nups were made into law then they would never be enforceable, because everyone would have been forced into them under duress. How can you voluntarily sign an agreement when it could prevent you from being legally married.
The other (possibly the easiest reason why prenups can fall apart) is that the agreement has to be entered upon voluntarily by both parties, so if your spouse only agreed to the pre-nup because you threatened a break up then the pre-nup is automatically void.
This is the heart of the matter. The courts have redefined the word "voluntary" in an unbelievably Orwellian way.
Agreed! A legal obligation to do a prenup would be like a law protecting you from the law... Perhaps you can scrap the laws about custody, alimony, etc. in the first place and let people figure it out by themselves.
Or you could just scrape the laws about custody, alimony, etc. and just let people figure it out for themselves. If the child is old enough (say >8 yo) ask them which parent they want to stay with.
Many, almost all?, people go to work for a company thinking that they'll spend a specified amound of time with it. Very few people that I know think that they'll spend their entire life there.
In fact in the financial industry it's a very accepted practice to jump around from company to company.
Even in the tech industry there are many people who graduate with a plan to work for a Google or Microsoft for a few years to get experience and then plan to go out on their own or to join another startup.
Contrast this with marriage were very few people go in thinking that their marrige is only a 4 year commitment and that they'll get divorced and trade up every 5 years.
It turned awkward when people started taking considerations other than business into account, such as "love". I believe Wolfram Alpha has an article on it.
It's usually seen as a matter of trust. I consider the phrase "I trust you absolutely" not only pretty stupid but incredibly arrogant - you are not only saying you trust the other (which is good and reasonable) but you are also saying you could not be mistaken (which is foolish). Trust, but be prepared for being wrong in doing so.
