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What happens when divorcing if there is no prenup?

Dear all,

I am preparing to get married and one of the questions that comes up is whether I should get a prenup or not. While my girlfriend and I both make decent money, I do earn substantially more than her and also have substantially more wealth than her; a situation that will "intensify" in the future.

If we were to not sign a prenup, what is the default solution in case of a divorce? Would we have to split everything 50/50, also the assets I accumulated before the marriage? Or would there be other options?
We currently have a joint bank account we use for relationship-related expenses; if we were to keep that system of asset separation except for the joint account, would the situation in case of a divorce change?

Many thanks for your help in advance.

Best,
Andy

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Submitted Sat, 01/28/2017 - 09:24

Thank you for your question and congratulations on your engagement.

There is no way to predict how your marital estate will ultimately be divided in the future except to say that all property of the parties will be considered part of the marital estate. The marital estate will be divided equitably, meaning fairly, based on consideration of a number of factors.

You should assume a court will divide all of the property of the parties more or less 50% and award some kind of spousal support. If you know you prefer some other sort of arrangement, it is best to enter into a prenup.



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