Prenuptial agreements tend to make people cringe; you usually only hear about them when they are unfairly written to benefit only one of the parties. However, not all prenuptial agreements are a grand injustice.
The purpose of the prenuptial agreement is not to anticipate a divorce, but to state the ownership of premaritally acquired assets.
The purpose of the prenuptial agreement is not to anticipate a divorce, but to state the ownership of premaritally acquired assets.
Here are some points of view as to why you should consider a prenuptial agreement:
They allow you to focus on your marriage.
By entering into a prenuptial agreement, you may receive reassurance of your partner’s intentions, and you are able to focus on your marriage instead of worrying about losing the assets you brought into the marriage. With that burden removed from the situation, some marriages are better positioned to succeed.
They open the door to hard or uncomfortable conversations that need to be had.
Finances tend to be one of the top causes of disagreements in a marriage. As such, in some circumstances, prenuptial agreements may even prevent disagreements in a marriage, as the parties to the marriage have had a potentially difficult conversation early in their relationship, bringing both of them onto the same page.
Discussing the terms of your prenuptial agreement is a good place to begin detailing how the financial aspects of the marriage will look and be handled. For example:
- Will both spouses work?
- If one spouse works fewer hours, will their responsibilities in the marriage be different than the spouse who is working longer hours?
- Who will be responsible for what expenses in the marriage?
- How will joint and separate expenses be handled?
- How will premarital retirement accounts be utilized?
- If one or both partners already own real property, where will they live after the marriage?
- What will the disposition of those real properties be post-marriage?
By partners agreeing to the terms stated in their prenuptial agreement, they begin their marriage ready to step into their life together seamlessly.
They are a form of self-care.
Anyone who has experienced a divorce knows how difficult that process can be, not only mentally and emotionally, but also financially. If you want to experience being in love, a prenuptial agreement can allow you to feel safe enough to give marriage another shot.
Separating from someone that you have joint financial interests with can be complicated depending upon the finances of the marriage. The legal fees from the divorce itself may be significant if the parties are not in agreement with the terms of the dissolution of the marriage.
Though it may be an awkward conversation to have, when you have found the right person, they are likely to respect your needs to help you feel safe in the marriage.
Separating from someone that you have joint financial interests with can be complicated depending upon the finances of the marriage. The legal fees from the divorce itself may be significant if the parties are not in agreement with the terms of the dissolution of the marriage.
Though it may be an awkward conversation to have, when you have found the right person, they are likely to respect your needs to help you feel safe in the marriage.
They set boundaries and manage expectations.
Discussing the assets that will be subject to your prenuptial agreement with your partner is a good way to establish boundaries and expectations in the marriage. For example, who will be expected to contribute and in what way? What financial obligations are personal obligations, and which ones will be joint in the marriage?
They make the division of assets clear-cut.
Prenuptial agreements clearly state what assets belong to which partner, which in the event of the dissolution of the marriage, would make the separation of assets less complicated. Agreeing to such terms can greatly reduce the potential for arguments and remove the burden or concern of fighting over certain assets.
They protect inherited family assets.
Some partners may enter into a marriage with assets they inherited from their families. By detailing these assets in a prenuptial agreement, and a Last Will and Testament or Trust to be thorough, these assets would remain in the family.
Conclusion
Whitney Pennington has experience preparing prenuptial agreements and is ready to discuss your questions regarding preparing your own. Contact her at (571) 481-9977 to discuss your legal needs.