In the past, those who wanted prenuptial agreements were viewed as pessimists who counted on the marriage failing. Now, these agreements are gaining in popularity in California and around the country. Experts now advise people that prenuptial contracts are suitable for anyone who wants to minimize their risk heading into a marriage, even if they are generally optimistic.
Prenups are like insurance
Just because you have a prenuptial agreement does not mean that you will have to use it. This is the exact same as an insurance policy. It is there to protect you in case something goes wrong. What it generally does is provide terms for how the marital property would be divided in the event of a divorce. It has no bearing on whether you would eventually get divorced.
When a prenuptial agreement is appropriate
When people are bringing money or assets into the marriage, they will need some sort of protection. In addition, prenuptial agreements are good for second marriages where each spouse may have assets and their own children. You would need the peace of mind of knowing what will happen to your property. While it may place a temporary damper on romance, a prenuptial agreement is smart from a financial standpoint. It can save you considerable aggravation and legal expense if there is a divorce in the future.
If you are considering marriage, you should consult with a prenuptial agreements attorney to learn more about whether this contract is right for you. Legal counsel can draft the agreement in a way that might withstand scrutiny if it were challenged in court. Each party will need to have separate legal representation throughout the process.