You Want Me To Sign What?!? Getting A Prenup In The 21st Century

My brain is fried from studying so I figured I would take some time and do a non-Bar related post. I read an interesting article in the ABA Journal (original article) dealing with prenups. I am sure you have heard about celebrities putting clauses in their prenups about what happens if one of the spouses commits adultery. Celebrities are now not only putting adultery clauses in their prenups, but they are also putting lifestyle clauses. From my understanding of the reading, lifestyle clauses basically spell out the rules between a couple on how to maintain their relationship. So this would include things like requiring a spouse to maintain a certain weight, look a certain way, how many times they have sex, and things of that nature. Apparently these clauses are not just being used to punish a spouse (for say cheating), but some are also meant to deter spouses from a particular behavior. Keith Urban will not get any money from Nicole Kidman if he goes back to using illegal drugs.

Interestingly enough, the article goes on to mention that it is not sure just how enforceable these clauses are, but celebrity divorce attorney Robert Wallack did have an adultery penalty that he drafted upheld in courts. I do think that the clauses involving things like adultery have a better chance of being upheld than say a clause for a spouse having to maintain a particular body weight.

I have always found the idea of prenups interesting. Logically, I understand the reasoning for them, especially if one spouse comes to the marriage really well off and the other spouse has nothing. I do not think that it is fair for the initially not so well off spouse to come in and take a big chunk of what the well off spouse had before the marriage. Now, on the flip side, I do think the initially not so well off spouse should be entitled to a chunk of what he or she helped the initially well off spouse obtain during their marriage. If the couple works together to become wealthy, then there is no reason that both parties should not benefit from that hard work.

I have heard some people say that signing a prenup is basically setting your marriage up for failure. To a certain extent, I can understand where they are coming from, but I disagree. I know marriage should be about love and you should not be thinking about what happens if the marriage ends. However, with the way the economy and job market is now, I do think this is something a couple should at least think about. To me, signing a prenup is not saying ‘I know this marriage will not work, so let me plan for what happens when it falls apart.’ A prenup is saying, ‘In case this marriage does not work, we already have a plan in place to make the split as painless as possible.’ I have worked in the area of family law and I know just how bitter and vindictive some couples can be towards each other when they are going through a divorce. Prenups are simply one way to cut some of that potential hostility out.

So what do y’all think? Are prenups setting a marriage up for disaster? Would you be offended if your fiancĂ© asked you to sign a prenup before you two got married?

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Maybe There Is Some Method To This Madness Known As Bar Prep

So it’s about mid-way through the second week and I am finally starting to see a glimmer of light through the darkness known as Bar Prep. I have been doing a better job of completing my MBE questions and I can see positive progress…at least in the areas of Torts and Evidence. (The beast known as Contracts is still giving me a bit of a problem.) I can now understand the importance of doing so many MBE questions. While you learn, or I guess I should say refresh, the various MBE topics with the classes, the actual questions allow you to see some of intricacies that you may not learn or understand in class. It also allows you to see the different types of questions that can be asked on the MBE. That way, hopefully, none of the types of questions will blindside you when you finally get to the test. Is anyone else seeing some light?

The Bar is Coming…the Bar is Coming

It’s that time…Bar prep will officially start for me on Tuesday. I am doing my best not to dread this because I know it is in inevitable, but I can’t help it. This one test will determine whether or not I will be able to practice law. (Disclaimer, I can retake the test…but no one wants to retake this test.)

Luckily I have an awesome mentor who has provided me with a Bar prep study schedule. I think my biggest challenge will be sticking with the schedule. I am a procrastinator to the nth degree and I can usually do pretty well with cramming. However, the Bar is not really something you can, or should, cram for. I know that I’m going to basically have to shut off my phone during study sessions so I won’t get distracted by texts, Facebook, Twitter, Google+…you get the picture. I can always find something else to do instead of study when I have my phone lol.

I have two basic study schedules: one for Kaplan and one for Barbri. My Kaplan study schedule starts on Tuesday and will consist of three separate lessons each day for six days on six separate subjects: (a) Torts; (b) Constitutional Law; and (c) Criminal Law and Procedure; (d) Evidence; (e) Contracts; and (f) Real Property. Each lesson is only about an hour and a half so it won’t be too taxing. This will be my last week of work so it will be nice to ease into Bar prep instead of jumping in full force while still at work. My Barbri study schedule is a little more time intensive. I will end up studying about 10 hours a day starting out and it will likely increase to 11 or 12 once I start doing more MBE questions. My Barbri schedule is basically this Monday through Friday: 9:00am-1:00pm – Barbri Class; 1:00pm-2:00pm – Lunch; 2:00pm-4:00pm – Do Practice MBE Questions; 4:00pm-6:00pm – Review All MBE Answers; 6:00pm-8:00pm – Review Class Notes, Do Old Essays, and Do Old MEE Essays. I will also do about three or four hours of studying on Saturdays and take Sundays off. I still need to find sometime to work out. I will likely end up going back to early morning work outs. Not looking forward to waking up early…ugh.

I may need to play around with my schedule after the first week of Barbri if I find I am having trouble keeping with the one I already have. For all my fellow Bar preppers, what does your study schedule look like? For those that have taken the Bar, any study tips?