Beyond ‘I Do’: The Case for Prenuptial Agreements

  1. Family Law
  2. Beyond ‘I Do’: The Case for Prenuptial Agreements

Marriage is a union between two people meant to signify their undying love and commitment to one another. It is also the most legally significant thing you can do besides die. In ye olden days, marriage was a union not for love or personal fulfillment but instead functioned more as a business transaction. This purpose of marriage is often lost on many people in our industrialized society. While hardly anyone planning a wedding wants to even consider getting divorced, more people should consider the possibility and get a prenuptial agreement or “prenup”.

Divorce has steadily risen over the years due to a change in societal attitudes about why we should get married, the women’s rights movement, and a little help from then-Governor Ronald Reagan. Fun fact! During his tenancy as governor of California, Ronald Reagan was the first to introduce legislation for no-fault divorces, a concept that quickly trended and is present in some form or fashion in 48 states. While nearly 2.3 million people will get married this year, it is estimated that almost 50% of all marriages and 41% of all first marriages will end in divorce.

Many people see prenups as a resignation by one or both parties that your marriage is doomed to fail or are just for rich people when that’s not true. People often forget that marriage is a contract and it’s one that hardly anybody negotiates. A prenup is a great opportunity for the soon-to-be-spouses to sit down and discuss their expectations for one another within the marriage.

Prenups help each couple discuss what they are each going to contribute to the marriage financially. It can define how a couple manages joint accounts during and after the marriage as well as any assets. It can help the couple budget or define how much each party would contribute to bills. If your spouse has debt and is unable to pay, a prenup can protect the assets of the spouse not in debt from collectors. It can protect your business from being attached to divorce proceedings. It makes divorce proceedings less difficult. It can even help your children by outlining what each kid is entitled to in the case of divorce.

Prenups can go beyond financial obligations and assets. A prenup can determine who is responsible for picking up Little Jimmy from daycare. Prenups set expectations and can show someone’s true colors. For example, Tony Romo allegedly floated a clause to his then-fiancé Jessica Simpson during their prenuptial negotiations stating that for every pound she gained above 135 pounds, she would have to pay him USD 500,000. Thankfully for Jessica Simpson, the couple never even made it down the aisle, but this goes to show that prenups can help you see that maybe your partner is not as great of a person as you might think they are.
Prenups can outline the obligations each party has during the marriage but also guide a couple through divorce. Prenups are mainly beneficial to people with many assets and obligations but can be a useful tool for everyone. You and your partner should consider getting a prenup!

At King Law Offices, we understand the sensitive and urgent nature of these situations and are here to help. Our experienced attorneys can guide you through the process of filing for a protective order or defending against one. We are committed to protecting the safety and well-being of our clients and their families. Contact King Law Offices today at 888-748-KING (5464).

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