Prenuptial agreements set forth protections during your marriage that can help you to start your new life on the right foot if you end up going through a divorce. Some people think that only the wealthy need these agreements. This isn’t the case. Many people, including those who have average wealth, can benefit from a prenuptial agreement.
There are several reasons why a couple might decide to enter into a premarital agreement. Here are a few of the most common:
- One of them has more wealth than the other and wants to protect those assets.
- A previous marriage might come with support payments that don’t need to involve your new spouse.
- One person has more debt than the other so the prenup can protect the spouse without debt if there is a divorce.
- The couple has children, either together or from a previous relationship, that need to be provided for even if there is a divorce.
- There is at least one business that needs to be protected if the marriage ends.
- When one spouse remains home to raise the child, a prenup can protect that spouse.
- There is a need for privacy that can be handled via a confidentiality clause in the premarital agreement.
Premarital agreements must be discussed and signed in advance of the wedding so make sure you are leaving plenty of time for this. The agreement can’t overly favor one person or the court might throw it out. Make sure that you are protecting yourself in a way that ensures the enforceability of the agreement if the time comes for you to use it.