Pros and Cons of Using a Premarital Agreement

by | Jun 15, 2016 | Lawyers

You don’t think about what it takes to dissolve a marriage. You say your vows in front of a cheering crowd, eat cake and drive off into the sunset, happy ever after complete. However, with the U.S. divorce rate at 40 to 50 percent, nearly half or half of the couples across the country end up with a failed marriage, says the American Psychological Association. When that happens, a prenuptial agreement can make it easier for you and your spouse to sort out the financial and legal tangle you’re in.

Pros

  • It can help you define financial issues from the get-go
    If you have more assets than your partner, then a prenup can put your worries to rest
  • Protect your separate property in case of a divorce
    If you have several properties to your name before the marriage, a prenup ensures they remain in your name
  • Ensure your estate plan is followed
    A prenup helps protect your business interests
  • Properly define whichever properties you have are marital or community property
    You can clearly define to what category your properties belong to
  • Clarify and reinforce any special conditions or agreements
    This agreement ensures special conditions involving any of your properties will always be met
  • Establish guidelines to help you decide on other issues in the future
    In case of any other issues that might come up, this agreement can help you tackle and resolve those problems faster

Cons

  • Not romantic
    Your soon-to-be spouse could take it the wrong way
  • Forces you to confront issues now
    You and your bride or groom to be might have to confront issues about money, children or assets much too soon, which
  • You don’t need one because of your state laws
    Your state laws already do the job for you
    In case you want to learn more how to draw up a prenup agreement, consult a lawyer. Call us.

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