Reasons to Consider Premarital Agreements

So you’re getting married – congratulations! Here’s why you should consider a prenuptial agreement, even though you are definitely never getting divorced.

I know, I know. You don’t need a prenup because you’ve found “the one” and you’re committing for life. Good for you! We love that enthusiasm and know that you know better than anyone when it comes to picking your partner. So why would you need a prenup? Aren’t those just for when one person has a lot of money and the other doesn’t? No!

Premarital agreements (commonly known as “prenups”) apply in cases of both divorce and death. Now we know you don’t want to think about either, but here’s the deal: divorce happens. As for death, no one gets out of this ride called life alive. So even if you feel strongly that you’ll never have to plan for divorce, you still need to plan for the death of your spouse.

Prenups typically address three main issues: 1) property rights in cases of divorce; 2) support rights for either spouse in cases of divorce; and 3) property rights at the death of either spouse. A note on that pesky notion of planning for divorce: while we hope you never find yourself in this situation, the reality is that some will. Divorce is mentally, emotionally, and often physically draining on one or both spouses and can take a really long time to finalize. Often, the delay is because the parties cannot agree on property or support issues. This gets expensive quickly! Additionally, it can be difficult to convince the Court that you are entitled to keep your premarital, inherited, or gifted property without an agreement to that effect (or very good record-keeping skills!). By entering into a prenup prior to the marriage, you and your spouse have addressed these issues ahead of time and the divorce process will be that much easier – and less expensive – because of it.

Finally, divorce is an extremely emotional process and has a way of bringing out sides of people they may not know are there. Isn’t it better to agree to these issues when you and your soon-to-be spouse are thinking and acting from a place of cooperation and caring? We think so.

Switching gears now, as much as you don’t want to think about divorce, you probably want to think about the death of your spouse even less. Unfortunately, there will come a time when one of you is left coping with the death of the other and likely administering his or her estate. By entering into a prenup, you and your spouse will have agreed upon the division of your property before it ever becomes an issue, thereby eliminating one unnecessary source of stress at a time when you will feel like you can’t take any more stress. 

We wish you a long, happy marriage, but want to be sure you are prepared for any occurrence. We would be happy to discuss your questions and concerns and offer an initial one-hour consultation at no charge to determine if we may be of assistance to you.

Nothing contained herein is intended to constitute legal advice. The applicability of any statements contained on this page or within individual posts will vary according to the specific facts and circumstances of your case. Please consult an attorney for advice about your individual situation. Feel free to contact us by form, email, letters, or phone calls. Contacting us does not create an attorney-client relationship. Until an attorney-client relationship is established, please withhold from sending any confidential information to us.