There’s nothing wrong with a couple having a prenuptial agreement (also known as a prenup). It doesn’t mean that you and your spouse don’t believe your marriage will stand the test of time. Having a prenup also doesn’t mean that a married couple always has one foot out the door and isn’t fully committed to one another and their relationship. The only thing that having a prenuptial agreement means is that a couple understands the realities of marriage and the benefits of a prenup.
Benefits of a Prenuptial Agreement
It is important to note that the benefits of prenuptial agreements are strictly financial. So, despite what many people believe, prenups do not cover things like child custody or visitation. Still, prenuptial agreements can be beneficial for several reasons, including:
- Avoiding taking on your spouse’s debt
- Protecting your inheritance
- Securing life insurance payouts
- Protecting property acquired during and before the marriage
- Reaching terms regarding spousal support in case of divorce
- Protecting retirement funds secured during and before the marriage
Prenups are generally not legally enforceable unless their terms are fair for both spouses. No one should ever sign a prenuptial agreement if they feel like they’re being forced to sign or manipulated into agreeing to unfavorable terms. For instance, if your fiancé presents you with a prenup right before your wedding and they refuse to marry you unless you sign it as is, you should probably think twice before signing it or marrying them.
Prenuptial agreements are meant to protect both spouses, not just one. If a prenup is forced on someone, it loses its greatest benefit, which is the fact that the terms of a prenuptial agreement are supposed to come from a place of compassion for your spouse. Divorces are emotionally charged, and divorce negotiations can bring out the worst in couples. For divorcing couples, using a prenup as their guide can be their saving grace and lead to a much more harmonious divorce.
What Can Happen If You Don’t Have a Prenup?
The benefits of having a prenuptial agreement are convincing, but it’s the risks you take getting married without one that make the most compelling argument. In many cases, couples don’t realize the risks they are taking when they get married without having a prenuptial agreement in place. A few issues that couples without prenups can run into include:
- Losing the financial stability you worked hard to secure before and during your marriage
- Being left without the spousal support you need as you start life over after a divorce
- Having your retirement fund decimated and not having enough time to replenish it before you enter your golden years
- Watching helplessly as business assets you worked hard to acquire are stripped away from you in an instant
Bottomline, don’t leave your financial future up to chance. A prenuptial agreement can help you ensure that in the aftermath of a divorce, your finances will be protected.
Need a Prenup? We Can Help. Contact Us Today!
Not all marriages last. And if a marriage ends in divorce, it doesn’t mean that both spouses didn’t give it their all or that their relationship was a failure. Sometimes people grow apart. Sometimes couples that make sense when they first get together stop making sense years later. When that’s the case, it’s often best for the couple to part ways. Prenuptial agreements can make the transition from married to divorced much more straightforward, efficient, and fair.
At Cairns Law Offices, we understand that divorces happen. We also understand how beneficial prenups can be for couples whose marriages are ending. Attorney Jim Cairns has over 25 years of experience helping clients with divorces and prenuptial agreements. That’s why our clients can rest assured knowing that he will work side-by-side with them from day one through the conclusion of their divorce or signing of their prenuptial agreement.
If you’re considering a prenup, give us a call at (888) 863-9115 or fill out our online contact form. We offer free confidential, no-obligation consultations and affordable legal services and fees. Se habla español.
