We love each other so we don’t need a prenup.  Divorce is a choice and we fully intend to stick it out  so we don’t need a prenup. I want to prove my love and trust so I don’t need a prenup.  Neither of us have any assets right now so we don’t need a prenup.  We have faith and we don’t believe in divorce. 

The truth is that despite what people say, in the United States the current divorce rate is between 40-50%, with varying statics at any given time. 

Based on those numbers, why would anyone not plan for what if? Ask yourself, if you have insurance on your car, and health insurance why would you not plan for a marriage? If planes have seat cushions that can be used as a floatation devises in case of an emergencies, shouldn’t you have a cushion for your marriage? 

It is not a plan that you hope to use, but an emergency ‘cushion’. It is important that a plan is in place in case of an emergency. 

Why you should get a prenuptial agreement

The divorce rate is more alarming than any of the above and walking into it without a clear and concise plan should the unexpected occur is simply unwise.

Prenups are simple and effective.  They lay out a plan that is just in case it is one day needed.  

Prenups prevent unnecessary stress, financial support concerns, and CAN help holding you both to the goals you both see for the future.  For example, you agree to love, honor, protect each other at marriage.  Both parties can always refer to the clear goals in a prenup of being supportive to each other, honoring the marriage vows, protecting each others core values and beliefs for marriage and children. 

Postnuptial Agreements

Already married and considering divorce?  The potential you once saw in your spouse has just not measured up?  Your spouses promises are still unfilled but they refuse to divorce? 

A postnuptial agreement may be an option for you.

A postnup can detail how assets and debts will be handled if you choose to divorce and address other financial issues, such as spousal support.

Postnuptial agreements are gaining popularity to protect individual interests and clarify financial expectations within a marriage. By openly discussing current feelings, expectations, and concerns couples can actually rebuild or strengthen their bonds and work through any underlying issues.
Shani Jarrett
Chief Legal Counsel Estate Planning Division

Your Source for Legal

Insights

Sign up for our newsletter and stay up to date on the latest news, and tips in Notary laws.