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Prenuptial Agreements

Sherry Scheline

A prenuptial agreement, antenuptial agreement, or premarital agreement, commonly abbreviated to prenup or prenupt, is a contract entered into prior to marriage, civil union or any other agreement prior to the main agreement by the people intending to marry or contract with each other.

prenuptial agreement

OK, so prenuptial agreements are not the joyous of topics.  It's certainly not on the priority list when planning your wedding.

Statistics however say that more than one third of single adults would ask a significant other to sign a prenup, according to a recent survey by Harris Interactive.  Statistics also place the divorce rate around 50% which means people are in the right to pursue discussions regarding prenups. 

"Part financial planning, part legal document and part romance-killer (or so say some people), a prenuptial agreement isn’t just for celebrities. It’s for anyone who likes to have stuff down in writing … before the divorce hits the fan."
Fox News

Proponents say a prenup does not necessarily signal a lack of faith in marriage, but more a protection against an unlikely and unforeseen circumstance. Many believe marriage is built to last and while you are busy planning the wedding of your dreams you certainly do not want to be planning your divorce at the same time. 

According to Fox business (yes Fox feel free to question the news source. WINK WINK)  Anyway Fox says:

"If you get divorced, and you don’t have a prenup, state law may determine who receives which marital property—like money, the house, the car, etc. But if you have a prenup, the division of assets can be tailored to your specific situation, as agreed upon beforehand. It can make the divorce process go much smoother and faster—and hopefully save you money in the process."

Prenuptial agreements are fluid and flexible, but more often than not are implemented to protect financial security in case of divorce. 

We HATE talking about the D word on a wedding website, but we cannot talk prenups with out using the D word. 

Most laws say that married people share assets, property and debts equally, regardless of whose name is on the title or deeds. In a divorce this means a spouse who did not contribute as much as the other monetarily could still receive joint items and finances as well as the debt. 

"At its most basic, a prenup will generally specify who gets what in the event of a breakup … including pets. “That is sometimes the biggest sticking point,” Carrozza says.
But a prenup can also help you hash through financial decisions for a happy marriage, like how to divide living expenses. Some prenups even have little hammers for infidelity or weight gain. (Take, for example, actress Jessica Biel’s cheating fee in her prenup with Justin Timberlake.) One thing you can’t specify: child custody, which would not be upheld."

Prenups can also protect family heirlooms, family inheritance and can also distinguish differences between marital and separate property. 

 When is a prenup not necessary? If you’re both broke. LOL When there’s no prospect of either party earning substantial assets, then don’t worry about it. “If neither party really has significant assets or business interests, it’s probably a waste of money and effort.” This may be one of the only times you look at each other as a BROKE engaged couple and say thank God we don't have any money. 

In the end prenuptial agreements are something you as a bride and groom must decide.  No blog can dictate wether you need or don't need a prenup.  You must determine that for yourself.  Know that you are not alone and should you choose a prenup it does not make your love less or doom you for divorce. It simply is a formality you choose. 

Best wishes!