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Eric's avatar

In terms of family structure, I know my opinion isn't the most popular these days but I'd actually rather see society grow more supportive of earlier (pre-industrial) family models. Where children, extended family (aunts/uncles/counsins), etc stayed together more as a unit. They don't necessarily all need to be under the same roof, but in close enough proximity that they can easily socialize with each other, lean on each other in times of need, share caregiving burdens, etc. I think it's healthy for children to have meaningful amounts of time with other role models besides just mom and dad, and the presence of cousins also enriches their development. Unfortunately with contemporary economic and educational life this is difficult to replicate, and social mores make it all but impossible.

At least in urban UMC culture in the US, there's a strong emphasis on investing highly in your child's development and enrichment. After school activities, extracurriculars, tutors, "good schools" (whether tuition for a private or expensive housing in a "good" school district) etc. For the game they know, the UMC status game leading to professional security, these investments make rational sense even if there are real downsides to this lifestyle. Increasingly, the only way many ordinary urban professional types can afford this degree of investment in their children is to have only one kid. You'll notice that at the real top end large families become more common again (see how many hedge fund guys have 4 or more kids, it's a thing). Lots of people in my generation in the rural town I grew up in have 2-3 children, a few have more. Most of the people with more these days are either 1) very religious, 2) wealthy, or 3) both. For average working and middle class wage earners in the US times are tight and it's hard to support multiple children while keeping your head above water financially and actually save for the future.

Charles Pick's avatar

I do not practice family law except when volunteering but I know enough about it to say that these robo prenups are likely not enforceable in most states in situations in which it would matter at all. The statement of law about premarital assets in the article itself is also garbled.

The big hurdle that both “partners” need to get over is that both sides need independent counsel to advise them about the implications of the prenup at the time it was made. This is not waivable. Further it cannot reach issues of parental rights and responsibilities to children. It is through those mechanisms that you can take bank shots at the other side’s assets, premarital or otherwise, prenup or no.

This service is targeted to people who don’t need prenups (people who can’t afford lawyers) to provide a security blanket that provides no security. The professor interviewee who talks about the equitable powers of judges gets into some of the issues but that will go over the heads of 99.9999% of readers including the author.

People want to believe that they can outwit the system with magic words. They do not like the feeling of being an insect who can be cut into pieces at the whims of a powerful and unaccountable robed bureaucrat. They want to believe that they have “rights” et cetera, and our system takes some pains to promote those beliefs until it is dinner time, with the citizen on the menu. Ho ho ho citizen, you have the right to be well sauced when your time comes.

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