Katika Ulimwengu Wa Sasa PRENUPS Are The Way Forward, Aren't They?! | JamiiForums | The Home of Great Thinkers

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Katika Ulimwengu Wa Sasa PRENUPS Are The Way Forward, Aren't They?!

Discussion in 'Mahusiano, mapenzi, urafiki' started by Steve Dii, Oct 16, 2008.

  1. Steve Dii

    Steve Dii JF-Expert Member

    Oct 16, 2008
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    I need your advice on prenuptial agreements. I'm thinking of taking one when time, place and the match becomes right. Are you in support or against the idea behind this unfolding phenomenon. Mind you, I am not Jay Z or Madonna, and I am not Matonya either but I just need your opinion. Please advice, thank you.
  2. BAK

    BAK JF-Expert Member

    Oct 16, 2008
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    Kama una mpango wa kuoa Mmarekani ambaye hana asili ya Tanzania basi hakikisha unakuwa nayo, lakini kama una mpango wa kumchukua mbongo mwenzetu basi achana nayo :)
  3. Kang

    Kang JF-Expert Member

    Oct 16, 2008
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    Nadhani chukua either way, you never know maisha yatakupeleka vipi hata kama umemuoa mbongo kama mnaishi states sheria za states zitaapply. And anyway its better kuondoa confussion if worst comes to worst.
  4. BAK

    BAK JF-Expert Member

    Oct 16, 2008
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    SteveD, lakini kama mama na ngawira kama Bill Gates, wala usiitaje hiyo PRENUP mama akikuchoka tu basi umeramba dume la ng'ombe zinakuangukia ngwawira za kutumia wewe na vitukuu vyako...just thinking aloud :)
  5. A

    Aunty Lao JF-Expert Member

    Oct 16, 2008
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    Jamani tuelewesheni what is prenups!!!!!!!!!!! naomba muueleze direct maana sielewi hicho kipengele. asanteni
  6. Victoire

    Victoire JF-Expert Member

    Oct 16, 2008
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    mhuuum!kwani unategemea baada ya ndoa unaweza kudivorce?
  7. Mfamaji

    Mfamaji JF-Expert Member

    Jul 21, 2009
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    Waungwana baada ya kusoma thread nyingi hapa jamvini ,nimegundua, na kuijfunza mambo mengi kuhusiana na mahusiano. Kikubwa zaidi nimegudua kuwa watu wanapenda kuoana lakini huishia kuachana baada ya muda fulani. Ziko sababu nyingi sana kufuatana na sehemu, economic status, education, religion, etc et cetera. Kubwa kuliko yote ni ubinafsi kati ya wanandoa, amabapo kila mmoja anataka personal belongings badala ya kinyume chake . Kwa miaka ya hivi karibuni divorce zimekuwa nyingi, hata kupelekea waty kujiuliza maana hasa ya ndoa nini in absolute terms.

    Wenzetu Ulaya na Marekani walipata mdhila haya na wakaja na kitu mbadala . Marriage contract au prenuptial agreement . Je mambo yamekaa sawa? na Je Bongo hili linaweza kutusadia ?


    8 Reasons Why You Should Get A Prenuptial Agreement

    A prenuptial agreement is an agreement between two people that deals with the financial consequences of their marriage ending.
    All marrying couples have a “prenuptial agreement” - it is known as “divorce law.” However, a lot of people are unhappy with the way divorce law works, and prefer to take control of their lives, rather than leave it in the hands of the government. In these cases, it makes a lot of sense to get a customized prenup.
    Getting a prenuptial agreement is particularly important in these 8 cases:

    1. You are much wealthier than your partner. A prenuptial agreement can ensure that your partner is marrying you for who you are, and not for your money.

    2. You earn much more than your partner. A prenuptial agreement can be used in many states to limit the amount of alimony that is payable.

    3. You are remarrying. When you remarry, your legal and financial concerns are often very different than in your first marriage. You may have children from a previous marriage, support obligations, and own a home or other significant assets. A prenuptial agreement can ensure that when you pass away, your assets are distributed according to your wishes, and that neither your first family, nor your new family are cut off.

    4. Your partner has a high debt load. If you are marrying someone with a significant debt load, and don’t want to be responsible for these debts if your marriage ends, then a prenuptial agreement can help ensure that this does not happen.

    5. You own part of a business. Without a prenuptial agreement, when your marriage ends, your spouse could end up owning a share of your business. Your business partners may not want this to happen. A prenup can ensure that your spouse does not become an unwanted partner in your business.

    6. To prevent your spouse from overturning your estate plan. A prenuptial agreement can ensure that you estate plan works, and, for instance, ensure that a specific heirloom remains in your family.

    7. You are much poorer than your partner. Just as a prenuptial agreement can be used to protect a spouse who is well off, a prenup can also be used to ensure that the partner who is weaker financially is protected.

    8. If you plan to quit your job to raise children. Quitting your job will negatively impact your income and your wealth. A prenuptial agreement can ensure that the financial burden of raising the children is shared fairly by both partners.
    Reasons For Your Future Mate To Say “I Do”… To A Prenup

    To the bride and groom, marriage is a loving contract between two people who want to spend the rest of their lives together. In the eyes of the law, marriage is also a contract between two people … not about love, but about a variety of financial rights and obligations.
    It’s hard to talk about marriage as if it were “business,” but when it comes to creating a prenuptial agreement, that’s exactly the approach you should take. A prenuptial agreement isn’t a well-planned “exit strategy” or evidence of a lack of faith in the relationship. It is simply protection against an unlikely and unforeseen “what if” circumstance … an important “insurance policy” on the legal issues of the marriage contract.
    The strategies below are intended to help you easily and painlessly convince your husband- or wife-to-be that a prenuptial agreement is in his/her interest as well as yours.

    Discuss the Topic Early

    Don’t wait until a week before your wedding to discuss a prenuptial agreement with your intended. Explore the topic early in a relationship, if possible. And, without question, resolve the issue before you become engaged.

    Ask, Don’t Assume

    People have all kinds of notions about prenuptial agreements, many of them unfairly colored by the media’s reporting of highly publicized, and often bitter, divorce proceedings. Don’t assume that you and your spouse-to-be are on the same page with this topic; ask.

    A Topic for the Head Not the Heart

    It’s tough to talk about your loving, committed relationship as if it were a business arrangement. If you and your intended can agree to be logical (rather than emotional) about the preparation of a prenup, you’ll find it much easier.

    Ask A Third Party

    If your spouse-to-be is hesitant in any way, suggest that he/she consult with a legal professional to explore the benefits.
    Tip: You may find it valuable to consult with a legal professional to understand the different kinds of issues that might be covered in a prenup. The better informed you are, the easier it will be for you to explain things to your intended.
    What Can & Can’t Be In A Prenuptial Agreement

    The range of what can be in a prenuptial agreement is flexible and can accommodate most of the individual wants and desires that a marrying couple may have. On the other hand, there are some strict rules about what cannot be in a prenuptial agreement.
    Generally, a prenuptial agreement can deal with the following:
    (a) division of property on divorce;
    (b) whether particular items are considered community property or separate property;
    (c) ownership of the marital residence;
    (d) responsibility for premarital debts;
    (e) distribution of property on death (although you also need to update your estate planning documents to reflect his);
    (f) alimony obligations (in most States);
    (g) financial responsibilities during the marriage;
    (h) under which state’s law the prenup is (otherwise it will be the state of the divorce, and not the marriage);
    (i) how disputes about the prenup are to be resolve (for instance through mediation or arbitration); and
    (j) sunset clause - many couples allow that their prenuptial agreement will not be valid if they are married for a certain number of years.
    There are a number of limitations to prenuptial agreements. Prenuptial agreements can’t deal with the following:

    (a) custody of the children (this includes things such as in what religion to raise the children, their schooling, etc.);
    (b) visitation to the children;
    (c) child support;
    (d) anything “illegal” (as with most contracts); and
    (e) anything “unconscionable” (unfair)
    (f) anything that is thought to encourage divorce;
    Although most states permit prenuptial agreements to deal with alimony, a court is allowed to invalidate the alimony provisions if the judge believe them to be unjust. This will normally occur in long term marriages if there is a great disparity between spouses’ incomes and no or little alimony being paid.
    Finally, although items that deal with particular aspects of married life, such as the division of household responsibilities, are allowed to be in a prenuptial agreement, including these may actually make increase the likelihood of a prenuptial agreement being invalidated. If this sort of thing is important to you and your spouse, it is best to put them in a separate agreement.
    6 Costly Myths About Prenuptial Agreements

    Myth #1 - Prenuptial agreements are only for the wealthy. No. Prenuptial agreements are for ordinary people. Given the high legal fees and stress involved in a divorce, the frequency with which relationships end nowadays, as well as peoples’ increasing financial sophistication and independence, a prenuptial agreement can benefit just about everyone.

    Myth #2 - Prenuptial agreements are only useful if your relationship breaks down. No. Prenuptial agreements can be useful estate planning tools. Without a prenup, your spouse may be able to invalidate your carefully thought out estate plan. A prenup can be especially helpful if you have children from a previous marriage or have family heirlooms that you want to keep in the family.

    Myth #3 - Prenuptial agreements are unromantic. No. Being able to sit down and discuss with your partner both of your future financial plans and expectations for the relationship will lead to a more solid foundation for your relationship than simply expecting your love to take care of everything.

    Myth #4 - Prenuptial agreements won’t be upheld by the courts. No. Although courts occasionally do invalidate prenups, these are normally ones prepared without the help of attorneys, or ones where there was coercion in getting one partner’s signature. If you have a properly drafted prenup, and there was no duress, it is likely that your prenuptial agreement will stand up in court.

    Myth #5 - Only men want prenuptial agreements. No. Prenuptial agreements are a useful way of setting out your and your partner’s expectations for the relationship. There’s no need for a prenup to be biased in either partner’s favour. For instance, a woman may insist that if she is going to stay home and raise children, that her prenuptial agreement include provisions to compensate her for this interruption in her career through spousal support.

    Myth #6 - Prenuptial agreements are expensive. No. Compared to the cost of an average wedding or an average divorce, prenuptial agreement are a bargain. The best way to think about it is like buying insurance: it’s a small one-time cost for something you never hope to use, but if you ever need it, you’ll be glad you have it, and it will save you a lot of money.

    6 Costly Myths About Prenuptial Agreements : Prenuptial Agreements
  8. M

    MpendaTz JF-Expert Member

    Jul 21, 2009
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    Nadhani kufuatana na jinsi ambavyo maisha yanabadilika kwa kasi sasa hivi hii ni muhimu sana sana. Maisha ya sasa haswa mijini hayazingatii tena zile mila za zamani na zaidi ya hapo jinsia zote haswa mijini, upo uwezekano upande wowote kuweza kuwa na uwezo zaidi, na tofauti kuwa kubwa sana.
    Sheria za sasa za kugawana nusu kwa nusu wakati wa kuvunjika ndoa zimepitwa na wakati au hutafsiriwa vibaya na baadhi ya wanasheria. Si halali kukuta mfano mfanya biashara aliyefanikiwa awe mwanamke au mme, afunge ndoa na mara moja yule aliyefunga naye ndoa leo awe na haki ya nusu ya mali yake.
    La kushangaza tu ni kuwa Lawyers wetu hawazijui "prenuptial" agreements, niliwahi kwenda kwa Advocate mmoja pale Arusha nikitaka ushauri na kutaka anionyeshe sample ya draft, nikagundua kuwa alikuwa hajawahi kusikia kitu kama hicho. Nilishangaa sana. Prenuptial kama sijakosea ilibuniwa na Lawyers wa ma-Celebrity nchi zileizoendelea haswa Marekani ambao walisita sana kuoa au kuolewa kwa sababu ya mali zao nakadhalika.
  9. Nyani Ngabu

    Nyani Ngabu Platinum Member

    Oct 24, 2013
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    I admit my opinion has evolved on this issue.

    I'm now in favor of it.