Prenuptial Agreement

Things to Consider about a Prenuptial Agreement

Divorce and asset split are the last things on couples’ minds when they find love and walk down the aisle. That makes complete sense. It isn’t easy to imagine a moment when you’ll part and go your separate ways when starting a new life with your loved one.

However, the harsh reality is that many marriages end in divorce. And as a married couple, it is the only rationale to consider all possibilities beforehand. For them, a prenuptial agreement is a massive part of the plan.

Are you considering a prenuptial agreement before marriage? We will cover the common aspects of a prenup in this article.

A Brief Understanding of Prenuptial Agreement

A prenuptial agreement, often known as a prenup, is a written contract in which an engaged couple specifies their rights and duties concerning their assets and debts. The agreement states what would happen to their assets and debts if their marriage ended in divorce or death.

How much does a prenup cost?

A prenup can cost between $1,500 to $10,000, or even more if the estate is highly complicated. For a set cost, a simple contract can be prepared.

In addition, the lawyer usually charges their hourly fees for more complicated situations.

Postnuptial agreements are more expensive because the couple must consider marital property. 

Consider a Prenuptial Agreement in These 6 Circumstances

Most couples will seek to get a prenup to secure their inherited assets. And others will end up doing it from family pressure. Yet, a prenuptial agreement may be necessary for specific instances, such as:

Second Marriage for One or Both Spouse

Formerly married couples, particularly those who have gone through a long and acrimonious divorce, may hesitate to marry again unless they know their economic prospects. Furthermore, a previous divorce may influence any potential rights and duties arising from a separation order or judgment.

Involvement of Children from a Past Marriage

A party will frequently desire to safeguard the finances of their children. If a parent dies, having a prenuptial agreement could avoid a battle over the will.

One Spouse is Wealthier Than the Other

When there is a significant wealth gap between the parties, prenuptial agreements are more common. Some people believe that having a prenup guarantees that the couple is not marrying for financial gain.

One Spouse Has More Debt

A premarital agreement can assist in a situation where one party tends to spend money, and the other does not want to be held liable for debt accrued during the marriage.

A prenuptial agreement can provide that neither one spouse’s premarital obligations nor business debts can be covered from the marriage’s combined community property.

One or Both Spouses Have Inherited Assets to Protect

A spouse may seek a premarital agreement for two main reasons. They are inherited wealth and future assurance. The most straightforward strategy to avoid unintended inheritance is to keep the inherited property in a separate bank account and only in the inheritor’s name.

On the other hand, a prenuptial agreement frequently defines whether a party’s inheritance is their non-marital property.

One of the Spouses might be an At-home Parent

A prenup can ensure that a stay-at-home parent is treated equitably in the case of a divorce. A stay-at-home parent foregoes job or career growth to raise a child. The sacrifices for a family can be disadvantageous in the workplace if the marriage breaks down later.

If they can afford it, many couples seek to compensate for this by providing a significant income stream and property to provide the homemaker with a comfortable lifestyle.

Conclusion

Seeking a prenuptial agreement doesn’t mean you don’t love your partner or want to leave them someday. Prenuptial agreements are estate planning strategies that protect your family in the case of a divorce. Preparing a prenup is no more difficult than choosing a wedding venue or getting your first house as a married couple.

Nothing can be guaranteed about the future of a marriage. However, having a proper prenuptial agreement before exchanging vows might offer you and your partner the sense of security you need to start afresh life alongside each other.

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Christophe Rude

Christophe Rude

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