Let’s face it, there is nothing romantic about a prenuptial agreement, but getting one makes a lot of common sense. Why?
First, a prenup forces couples to discuss and agree on matters that are often major sources of conflict in a divorce trial, prior to entering the marriage. This means that in the event of a separation down the road, a couple with a prenup has a much easier path to an uncontested divorce because they already agreed on many of the matters that increase the expense and hostility in a contested divorce trial.
Second, a prenup provides much clarity about the rights of the parties in the event of a divorce, before they enter the marriage. A prenup allows both parties to enter the marriage with more confidence because it removes the “fear of the unknown” that marrying couples often experience, and removes the need to stress over “what happens if it doesn’t work out?”
Third, a prenuptial agreement isn’t an indicator that a couple is planning to fail or that they don’t trust each other. Quite the opposite, partners who truly trust each other should feel comfortable to agree on the terms of separation in the event their relationship fails. A marrying couple that can meaningfully discuss and agree to the issues covered by a well-drafted prenup is planning for success, because each partner understands the other’s expectations about the marriage, and what happens if things don’t go as planned, before saying “I do”.
A properly drafted prenuptial agreement is kind of like a premarital insurance policy that can minimize the overall losses sustained by both partners in the event of a marital catastrophe.
No, a prenup is not romantic, and it’s not any sexier than any other insurance policy you have. But getting a prenuptial agreement can be a very smart move for many marrying couples.
It’s not loving less . . . It’s loving smarter.