Are Prenuptial Agreements a Good Idea?

We’ve seen a rise in clients seeking prenuptial advice at our law office. Many couples have decided to throw away their romantic ideas for practical, real-life solutions. The fact is that 50% of marriages end in divorce. Add to it that couples are waiting until they are older to marry and therefore probably have more debt and assets going into a marriage. A prenuptial agreement can protect your assets and your future.

We’ve written a few discussion items for partners to think of when entering marriage and entering a prenuptial agreement.

  1. While a prenuptial agreement should include all of the pre-marital investments and assets, it’s important to also include pre-marital debts in the agreement as well. Both parties must disclose their debts and address who is responsible for the payment of those debts.
  2. Even if you think your situation in not complicated, consult a family law attorney. It is imperative that your agreement stands up in court if needed. A prenup that’s thought to encourage divorce or regarded as unfair by the court can be deemed invalid.
  3. If you are already married, you may be able to enter into a postnuptial agreement. You can make the same provisions, but you may have a better financial picture after you have been together as a married couple.

Anyone who has been married knows that marriage can be complicated; marriages change and finances can improve or decline over time. With that said, it is important for individuals to feel financially at peace regardless of what the future will bring. A prenuptial agreement can do just that.