I’ve asked before. What protects the woman in the pre nup? What if the husband is gmtge one pursuing divorce? Croix has mentioned it should state the man gets the children. Shouldn’t it be 50/50? Is she left to her own devices? I can totally see her not getting anything is she left, but I’m curious how it would work for the man if he leaves.
This has been covered on other threads, but a summary (in my mind) is:
1. First of all, a prenup does not, and will not ever, prevent child support. Ladislaus thought this was the case, so I researched it and he's absolutely correct. So, if a wife divorces her husband, she will be able to legally steal the children (90% of the time), and she will get child support (which is pretty costly and non-negotiable). So, when you ask the question "who protects the woman in a prenup?" The answer is: all 50 states of our country, everytime, everyday and twice on mondays.
2. If the husband/wife gets a divorce, for non church-approved reasons (i.e. outside of adultery, or violence), there would be financial penalties for the spouse getting a divorce. These would most likely be what is agreed upon in the docuмent, but would include things like:
a. Husband owned a boat, or the house before marriage, so he wants to keep that (assuming he's not the one getting a divorce).
b. Wife could keep her furniture, or anything she brought to the marriage, like a car or her crock pot (i'm kidding about the crock pot).
The point is, the spouse who is getting divorced, screwed, and injured by the evil spouse should have some recourse in getting to keep assets they owned previous to the marriage. And they should not be forced to pay more than 50% (including child support) by the courts. In the case of husband, he can (and still should) support his family post-divorce, but a fair split will not have the courts breathing down his neck and giving him the 'Big brother' business and treating him like a convict.
3. If there WASN'T a prenup, then an evil spouse can divorce and take 50% of the assets. If the husband is the one getting a divorce, he still has to pay child support, and he will probably lose the house (and of course, the children), so he's really screwed. However, if he's the one BEING DIVORCED, the same things happen to him. So he's screwed either way.
If a wife is divorced by the husband, she keeps the children, gets child support and (at least) 50% of the finances (in addition to child support). She wins.
If a wife is the one who starts the divorce, she gets the same thing. She wins again.
A prenup would help to keep things equitable for the husband ONLY IF he's the one being divorced. If he initiates the divorce, he deserves to be hurt financially, AND SO DOES THE WOMAN. But the woman will never be hurt financially unless there's a prenup. (and even if there's a prenup, the judges nowadays have lots of leeway to be feminist and make their own decisions. So even a prenup is not a guarantee for the husband).