Using a Prenup to Deter Divorce

The main purpose of a prenuptial agreement is to agree, ahead of time, to the terms of a divorce, if it should ever happen.  We all hope divorce never happens, just like how we hope when buying health or life insurance, to never have to use it.

A fellow (non-legal) blogger Audrey Pollnow has another take on the purpose of a prenup.  She wants to use it to deter the possibility of divorce in the future.

Since I don’t accept the possibility of divorce, my prenup will be designed specifically to make divorce as painful and awful as possible.  All assets will be seized by the state.  I will own my husband’s right arm, left leg, and right ear, and he will own mine.  Because of this, divorce would necessarily entail a sundering of limbs.  

I highly doubt that a prenup written in Massachusetts or any other state would be upheld if it actually contained provisions as Audrey would suggest, but it is an interesting twist on the idea of prenup and what we really use it for.

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