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Law Talk

Do I Need a Prenuptial Agreement?

Talking about prenuptial agreements can be a bit touchy. Some might feel that asking for a prenup is as good as telling your soon-to-be spouse that you’re not secure in your relationship. Though it’s understandable that you wouldn’t want to talk about anything even close to being divorce-related, there are some good reasons why having this discussion early can be a good thing.

It helps you think and plan for your future

The process of writing a prenup helps you get things out in the open. You can talk about things like:

  • How your finances will be managed
  • Parenting issues
  • Your estate plan
  • Which property is shared and which isn’t
  • Any other special agreements regarding your marriage

Having this discussion before you marry can help prevent future confusion and conflict. When approached in the right light, with a mutual understanding that having a prenup is a way to plan for your future and not necessarily related to divorce, you might find that having a prenup actually helps your marriage.

It provides security and simplicity

Having a prenuptial agreement is useful even if you don’t get divorced, but if you do find yourself in that situation, you’ll be glad you have one. Prenuptial agreements simplify the divorce process by:

  • Protecting the rights and obligations of both partners
  • Making distribution of property clear and simple
  • Preventing long battles over child custody and other matters
  • Easing divorce-related stress

If you think getting a prenuptial agreement sounds like a good idea, make sure the timing is right. The more time you allow to create a prenup before the marriage, the greater the chances are that it will be affirmed and ratified. Ensure your future spouse that having a prenup is more of a planning tool, and not a sign that you have doubts about your marriage. In fact, it can show your spouse that you care enough about your relationship to consider the tough issues before they become problematic.