Does a prenuptial agreement suggest a lack of confidence? Our divorce and family law firm would disagree. Our attorneys view prenuptial agreements as a planning tool for the future.
Like a marriage vow, a prenuptial agreement is also a commitment between two people; it simply uses contractual language instead of symbolic. A prenuptial agreement captures in writing each party’s agreement on how assets and debts should be fairly divided were the relationship to end. Such a contract can provide an extra measure of security to couples as they embark on a new life together.
There are other topics that a prenuptial agreement can address, as well. For example, an individual with a family-owned business might want to safeguard that interest with a prenuptial agreement. In addition, although inheritances are generally not considered part of the marital estate, a prenuptial agreement can clarify that understanding.
Finally, a prenuptial agreement can also prompt healthy planning discussions. For example, one spouse may intend to reduce his or her work schedule to provide more parenting presence, possibly even to be a stay-at-home parent. A prenuptial agreement can compensate that spouse’s sacrifice with an alimony arrangement, providing security in the event of a divorce. Even if a couple’s decision to have children may be years away, a prenuptial agreement can open the discussion, possibly establishing a healthy form of communication that will benefit the marriage in the long term.
Our family law firm has helped couples execute prenuptial agreements before their marriage, as well as postnuptial agreements for those already married.
Source: Forbes, “5 Things To Keep In Mind When Negotiating A Prenup,” Ginger Dean, April 4, 2016