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The fundamental value of marital contracts for many couples

Today's high divorce rate. Economic security. Protection of assets. To negotiate what you want in a marital dissolution.

These and a host of other well-considered rationales are what are frequently pointed to as being the eminently logical reasons for a couple to execute a marital contract either before they tie the knot or even afterwards.

Although some persons still harbor reservations about negotiating and signing a prenuptial agreement or postnuptial agreement, the view that they are nothing more than unromantic deal breakers and underminers of marital trust is rapidly fading in the rear-view mirror. More Americans are looking at these documents dispassionately and critically and finding that they can be of great utility as a planning device and roadblock against future uncertainties.

In fact, many family law counselors and commentators strongly suggest that every couple on the cusp of marriage can profit from consideration of such a contract. Meeting with an experienced and knowledgeable attorney can help a couple identify what they have, what they view as mutually important, and how they want to structure their lives and prepare for future change. A marital contract can foster a great deal of confidence and relief at the outset of a marriage and, of course, serve an important tool if circumstances later change materially.

Many couples realize the same benefits from executing a postnuptial contract, especially if they overcame difficulties in their marriage and reconciled.

A marital contract can address a wide universe of relevant concerns, including asset division and protection, spousal support, matters relating to children and other topics.

Source: Fox, "Why you should consider a prenup," Andrea Murad, Feb. 4, 2013

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