The collective reaction is likely to be more than tepid if the subject of prenuptial agreements is brought up at any gathering where a number of adults are present.
Prenups elicit reactions across a wide spectrum of views and emotions. Some people consider them dispassionately and see potentially strong value in them, whereas many others tend to have a knee-jerk reaction to them, viewing them as being sterile and unromantic. To some people, the very idea is anathema.
We have discussed prenuptial agreements — sometimes termed premarital agreements or contracts — in a few of our prior blog posts, where it can clearly be seen from a perusal of the subject matter that a prenup is simply a legal tool that can — or might not be — effectively used by a couple.
In other words, it is fact-specific and depends on the circumstances. There is a reason why couples marrying for a second or subsequent time — as well as older couples generally and couples with a substantial amount of debts and/or assets — take the time to carefully discuss and execute prenuptial agreements at a rate much higher than that for younger couples, first-time newlyweds and spouses with few assets.
It’s all in the details. Do you own real estate? Are you a business owner? Is your salary comparatively high? Do you have substantial assets that accrued prior to the marriage or wedding that is contemplated? Do you have children from a previous marriage that you want to provide for? Do you have substantial retirement benefits? Stock options?
If you find yourself thinking about a premarital agreement and wondering whether it might make sense for you and your partner, contact a family law attorney who routinely counsels couples on prenups and has long experience drafting them.
Related Resource: Times Herald-Record, “Your Finances: There are several advantages to a prenup” Aug. 7, 2011