There was a time when judges would cast a cynical eye upon prenuptial agreements presented in their courtrooms. This was because prenups were often used by very wealthy spouses to block less powerful spouses from being eligible for assets during a divorce. These days, judges and the general public are far savvier about the advantages that both parties in a marriage can share as a result of having a well-written prenup.
As a society, we have become much more acclimated to the idea that people are not necessarily going to stay bound to one another forever after saying "I do" in a wedding ceremony. Though everyone enters a marriage with the highest of hopes, it never hurts to consider that things may not work out. This why realistic couples often decide that a drawing up a prenuptial agreement makes sense. In fact, a prenup can be written to help do the following:
- Prevent prolonged, expensive divorce disputes.
- Ensure that one party does not become responsible for the other's debts in the event of divorce.
- Delineate the financial responsibilities and rights of each party.
- Give protection to assets possessed by one of the parties.
- Ensure that upon death, property will be properly disbursed in accordance with the decedent's wishes.
A couple should enter their marriage with the highest hopes that they will stay together for a long time. However, it does not hurt to have contingencies in place that cover a parting of the ways. Contained in the above list are some of the basic items that may be part of a prenup. You are free to add other things as you see fit, such as elements that cover property division and alimony.
However, it is advisable to have a family law attorney help in the crafting of a prenuptial agreement. The attorney could offer advice and guidance to ensure that the prenup is written in clear, concise terms.