Prenuptial agreements are often misrepresented as a foreshadowing that a marriage is doomed from the start. A common reference is that they are a “weapon” a future spouse will use in a divorce. As a result, many people have strong objections when their future spouse suggests a prenuptial agreement. These objections often come from the heart, when in fact, the prenup is a sort of “insurance policy” for any marriage.
The following are logical responses to the most common objections that may overcome any emotional response.
“If we end up getting a divorce, I’m sure it will be civil.”
Even marriages that start off in the most loving circumstances can end badly. There is simply no way to predict the future. A carefully drafted prenuptial agreement will help protect us so that should we end up getting a divorce, there won’t be any emotionally and financially draining court battles.
“Prenups always favor the husband.”
This is not true, prenuptial agreements actually empower women by assigning a fair monetary worth to the non-monetary activities, such as stay at home mothers. This ultimately protects women who may have sacrificed their career in order to raise their children. All prenuptial agreements must be fair and equitable in the eyes of the law in order to be upheld in a court.
“Why do we need a Prenup? Neither of us have any substantial assets.”
Even with many couples now waiting to enter into marriage in their 30′s after they have established a career, in the current economy, it is common that many couples enter a marriage with limited assets. With any hope, your future will be filled with success, both individually and collectively. If only one party thrives financially over the course of the marriage, those assets could be “up for grabs” in a divorce. A well thought out prenuptial agreement will ensure that each spouse will keep what he/she has earned.
“A Prenuptial Agreement means you don’t trust me.”
A well drafted prenup can only be created in a trusting atmosphere where both parties feel free to offer complete disclosure regarding assets and debts. Addressing these issues up front will ultimate open the door to resolving any other important issues that may have otherwise not been addressed.
“I’ll always be worried.”
Actually, a prenuptial agreement provides the ultimate peace of mind for both spouses. When decisions about marital assets, debts and support are addressed upfront, both parties will be able to sleep well at night knowing that your assets are protected no matter what situation may arise in the future.
For more information about Prenuptial and Postnuptial Agreements, please read Your Guide to Long Island Prenuptial & Postnuptial Agreements