Most of us won’t admit this: marriage is not only a romantic relationship, it can be a business relationship too. A lot of couples around the world know this fact, which is why the prenuptial agreement became one of the most important things to consider before marriage. We want to help you understand what it is really all about so make sure you keep on reading.
What’s a prenuptial agreement?
A prenuptial agreement is a contract signed by a couple before getting married. It is also called as a “prenup”, pre-marital agreement, or an ante-nuptial agreement. It usually includes property distribution and financial protection if ever the couple decides to file for a divorce as well as cover other issues within the relationship.
Prenuptial Agreement is usually done when either partner has the following:
The agreement is usually done in writing for it to be valid. It may not be the most romantic thing a couple needs to do but having an honest financial discussion before the wedding ceremony can also be a very positive experience. If you’re currently thinking about getting a prenup, it’s important to first consider the pros and cons before getting one.
The Pros of Prenuptial Agreement
Here are the following advantages of a prenuptial agreement that every couple must look into:
1. Protection of Property. A prenuptial agreement will help specifically identify properties that each partner will be able to claim in case both decide to divorce or separate.
2. Future costs are avoided. If the prenuptial agreement covers most of the legal issues, the couple may be able to avoid paying for future litigation.
3. Special provisions. The couple is free to include special provisions in their prenuptial agreement aside from property and financial matters depending on their situation.
4. Distribution of Debts. Thanks to prenuptial agreements, both partners will be able to take responsibility for their debt. It will determine the liability of each individual, as well as help, protect each other from problems with creditors.
The Cons of Prenuptial Agreement
Here are the following disadvantages you might need to consider before getting a prenuptial agreement:
1. May not be a necessity. Issues being addressed in a prenuptial agreement are usually covered within the State laws. In addition, specific issues are sometimes not allowed to be resolved through a prenup in most states such as matters involving child support. These issues are resolved through court proceedings.
2. The time may not be right. If you’re a younger couple who haven’t acquired a huge amount of property or assets yet or are still in an early stage of the relationship, creating a prenuptial agreement may be too early for you.
3. Trust Issues. This may not be avoided. Your partner may feel some time of way if you ask him or her to create and sign a prenuptial agreement before getting married. Bringing up the idea of a prenuptial agreement is sometimes taken as having issues with trust. Although prenup does not necessarily mean a divorce is expected, some people may feel it leaves an open possibility for a separation or divorce.
4. Giving up your rights. The agreement may require you to give up your right to inherit the estate of your spouse when he or she passes away. The law states you are entitled to a portion of the estate whether your spouse includes such provision in the will or not.
5. The possibility of regrets. In the early stage of the relationship, the other person may agree to all the terms stated in the agreement even though it wasn’t on his or her best interest because he or she is too in love with the other. The importance of financial aspects may not be considered seriously by that time thus may result in regrets in the future.
If you and your partner are unsure whether or not you should get a prenuptial agreement, it is best to consult a lawyer who will be able to explain to you it’s importance thus help you make the best decision.
