Friday, February 8, 2008

Prenuptial Agreements: They are Getting Popular?

Call me a conservative but I am not sure I agree with So You Want Sex Every Tuesday, Thursday and Saturday? Put It In A...Prenup:

News that prenuptial agreements are soaring in popularity is no surprise. But it's no longer just assets and alimony. And it's no longer only about what happens if and when the marriage fails. Prenups are now leaving the bank and entering the bedroom, covering the most mundane aspects of day-to-day marital life -- not after, but during the marriage! When my girlfriend shared with me one of her so-called "lifestyle clauses," I almost fell over. Not that I'm against defining expectations and communicating a detailed understanding of what life together would entail, but isn't who takes out the garbage a bit too trivial to document? I had never heard of such a thing and thought, truly, this can't be true....
The writer provides a series of clauses in the remainder of the post. I want to suggest a very imporant one. Lawyers call it a severability clause. A severability clause prevents the whole contract from falling apart when a particular clause is struck from a contract like a prenuptial agreement. I am not sure that the clauses suggested in the original post would survive an attack in an Indiana court.

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