Though most people prefer to take a more romantic view, at its base a marriage is a legal contract between two people, and that contract may last for a lifetime or it can be broken, just like any other arrangement. Having a prenuptial agreement adds a layer of protection for both partners, allowing them to agree to terms ahead of time in case the marriage should end up failing. As unromantic as this may sound, there is a good deal of wisdom to trying to come up with a fair agreement while you’re still in love and care about each other. But that does not mean that a prenup is appropriate for everybody.

There are plenty of people — men and women alike — who object to the idea of having a prenup. In some cases, it is because they don’t like even considering the idea that the marriage might end. Anybody who has been through a divorce and who hears this objection generally smiles then says how much they wish that they’d been more realistic back before they themselves got married. There are a couple of reasons for this, but one of the biggest ones is that it’s very unpleasant to argue about things like distribution of assets or spousal support, and they wish that it had all been taken care of beforehand when there was much less water under the bridge and neither party was interested in ‘winning.’

A prenup resolves issues about assets and debts as well as support but can also be used to put terms in place about how each partner is going to treat the other or manage their behavior within the marriage. It can be very helpful to have one in place, but not necessary. That being said, there are certain circumstances where it is highly recommended. Those include situations where there is a big difference in assets between the two parties and either (or both) need to protect themselves; people who have a family business that they want to ensure remains theirs, and people with children from a previous marriage who want to secure their previously-held assets for their children.

If you’re not sure whether you need a prenup, or you want help in crafting one, contact our experienced prenup attorneys today to set up an appointment.

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