A Comment About

Ask Dr. Helen: Men Who Give Too Much (Including Internal Organs)

January 9, 2009 - 12:26 am - by Helen Smith
BB
2009-01-10 06:57:23

Tood sez:

“You’re wrong.”

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I find it admirable that you live in a world of bright-line laws and sharp, black-and-white legal distinctions. Don’t ever go to law school and lose that wide-eyed innocence. It’s refreshing.

If you care to look, there are cases in which a judge has vacated a prenuptial agreement when both parties were represented by lawyers and the terms were not unconscionable. I gave you a great example, but you didn’t care to look, so I won’t waste the time of finding further examples.

I agree that you have better chances with a prenuptial agreement if you follow certain precepts – no third parties involved (i.e. kids), wife understands what she is signing and has a lawyer, terms aren’t unconscionable or lop-sided etc.

But think about this: Even if prenuptial agreements WERE iron-clad today (and they’re NOT), family law could simply change in the future. Many men ran into that in the early 1970s. They got married in the 1960s thinking that their wife would not divorce them if they behaved properly, or at least she would be penalized, and then along came no-fault divorce. Whooops. Now the terms under which they married had changed.

And the legislature can always do this. The rules you married under may well not be the rules you divorce under.

I don’t understand for the life of me why men get married.