Prenuptial agreements come with a number of advantages that may outweigh their negative aspects. While the main disadvantage of prenups is that discussing these matters can be difficult or somewhat unromantic, there are numerous ways that writing up such an agreement before getting married could help couples later on.
Individuals considering marriage should be informed that a relationship where the initial distribution of assets is notably unequal could benefit from a prenup. Even if state laws about community property line up with a couple’s desires, a prenup can still be useful for special possessions and circumstances.
Prenups are noted for their ability to facilitate complete disclosure of income, debts and assets, and help initiate estate planning and divorce terms for survivors, such as offspring. Pre- and postnuptial agreements can also protect individual property by precisely delineating which assets are to be owned by both parties and defining which spouse bears responsibility for matters like banking, investments and businesses.
Some spouses that fail to enact prenuptial agreements find that their divorce proceedings become unnecessarily complicated. While people generally don’t go into marriage expecting to separate from their partners, those who haven’t already defined agreements at the time may wish to bring up the subject of postnuptial documents after the fact. Because these documents may be treated differently by courts, however, it is usually wise to learn about their legal aspects before creating or finalizing them. Similarly, prenuptial agreements should be researched properly in advance to retain their legal validity and enforceability. An attorney who has experience in the field of family law may be of assistance with these and other related matters.
