Why Are Prenuptial Agreements Becoming Popular In Family Law?

2 December 2022
 Categories: , Blog


If you're about to get married, you may be wondering if you need a prenuptial agreement. After all, prenups are sometimes portrayed as unromantic or even cynical. Nothing could be further from the truth! A prenuptial agreement is simply a practical way to protect yourself and your spouse in the event of divorce. Here are some compelling reasons why prenuptial agreements are becoming increasingly popular in family law.

1. They Protect Assets

If you enter marriage with significant assets, such as a house, savings, investments, or a business, a prenup can help ensure that those assets remain yours in the event of divorce. Without a prenup, your spouse could have a claim on those assets, even if they were acquired before the marriage.

2. They Keep Finances Separate

A prenuptial agreement can also help preserve your financial independence during marriage. If you prefer to keep your finances separate from your spouse's, or if you want to be sure that you're not liable for their debts, a prenup can spell out those arrangements clearly. This can save a lot of headaches (and money) down the road.

3. They Define Property Rights

In many states' family law, property acquired during the marriage is considered "marital property" and is subject to division in divorce. But what if you want to keep something that you inherited or that was given to you as a gift? A prenuptial agreement can specify that certain items are your separate property and will not be divided in divorce.

4. They Help Avoid Conflict in Divorce

No one goes into a marriage expecting to get divorced, but the sad reality is that a large number of marriages end in divorce. If divorce does happen, a prenuptial agreement can provide a roadmap for dividing assets and resolving other contentious issues without having to go to court. This can save you a lot of time, money, and stress.

5. They Can Help Set Up Creative Living Arrangements

A prenuptial agreement doesn't have to be all about money and property; it can also be used to address other important issues in your marriage. For example, you could use a prenup to agree on things like how many children you'll have or where you'll live.

You could even use it to outline domestic chores and responsibilities! If you want to make sure that something important is included in your marriage, a prenuptial agreement can give you peace of mind knowing that it's taken care of ahead of time.

A prenuptial agreement may be a difficult subject to bring up, but it's one of the most practical! If you're getting married, consider using a prenup to protect your assets, define your property rights, and avoid conflict in the event of divorce. With so many benefits, there's no reason not to give this crucial document some thought! Consult a family law attorney to learn how one can be practical in your union. For more information, contact professionals like Evans & Turnblad.