A prenuptial agreement is something that can prevent financial disputes if a marriage does not work out. However, beyond being a safety net for those who bring more wealth into the relationship, it can also serve in other ways. Prenups can become a means of communicating what you want the other party to have instead of trying to come to an agreement during a time of animosity.
Prenups Both Give and Take Away
Money is always a difficult topic to discuss in both marriage and in divorce. It is often the part of a divorce that leaves people embittered and feeling as though they have lost something that was rightfully theirs. Prenuptials are a good way to avoid the pain of paying for debts that you do not feel responsible for and getting the money that you feel entitled to. When people bring debts into a relationship such as college loans, credit cards and child support obligations, it is worth talking about how these debts will be handled in the event of a breakup.
However, a prenuptial is more than just the monetary arrangements to which each party agrees. Prenuptials have been used to decide how children will be housed during the holidays and even in what religious traditions the kids will be raised. By putting these items into a prenup, the couple may avoid serious disputes if the marriage ends at a later time.
Do Courts Uphold Prenups?
Prenuptial agreements have been around for many years but only recently have people started using them as pre-divorce damage control agreements for everything from custody to vacation home division issues. Therefore, courts are still writing precedent on some aspects of prenups.
While it is not 100 percent certain that a court will rule in any given way on a prenup, enough precedent does exist to rely on certain aspects of these agreements as being relatively airtight. For example, courts almost unanimously uphold the sections of prenups designating the distribution of marital assets vs. assets the parties had before the marriage.
Prenuptials are not just for those in Hollywood anymore. “Regular” people need to think about the fallout of divorce and make sure their interests are represented even before the marriage takes place. If you or someone you know is about to get married and wants to create a prenuptial agreement, call the Men’s Legal Center. They are experienced in all types of prenuptial and postnuptial agreements and can guide you through the process.