There’s a popular saying that marriage is betting half your stuff that you’ll love your new spouse forever. But the reality is more than half of all marriages end in divorce.
Marriage comes with more than love, butterflies, and happily-ever-after. It also comes with tax ramifications, joint debt, and the commingling of assets. If you get a divorce, it can be very messy financially (as well as emotionally). One way to avoid the mess is to start with a prenuptial agreement. Prenups get a bad reputation because of people misusing them. In reality, they are a great financial planning tool for marriage. Here are some examples of where a prenup would come in handy.
You have Children from a Previous Relationship
If you have children from a previous relationship, then a prenup is a good idea. A prenup can protect assets that you want your children to have later in life. A prenup is simply an agreement that decides how assets and money will be divided if the relationship ends. One way to protect your family business is to have a prenup in place. Unless you’ve been through a divorce, you don’t understand how emotionally involved people become during the end of a relationship. Some people will go to any length to cause financial or emotional damage to the other person. A prenup can save you from financial damage.
You’ve Waited In Life To Marry
You waited until you were sure that you found the right person for you. You waited until you had established a secure financial net to carry you through life. You need a prenup. Sure, in many states what you bring into a marriage is yours…but what about the assets you bring in once you tie the knot? A prenup can protect your financial assets and your retirement funds. You worked hard to establish yourself.
You have an Established Business
If you own a business and it is doing well or you expect it (realistically) to do well, a prenup is a good idea. The only exception to this rule is if your future spouse helped you start the business. Your entire livelihood could be taken away from you in a divorce. This is a problem that can be avoided with the use of a prenup.
You are Young and have Substantial Assets
You worked hard to make an early name for yourself. Protect yourself and your assets. You should also use a prenup if you are young and expect to have substantial assets soon. For instance: if you are 18 and you are talking to a draft agent from a professional sports team and you are engaged, get a prenup.
Prenups Aren’t One Sided
The major misunderstanding about prenups is that people use them to somehow financially abuse the other person. Prenups are a little different from standard contracts. The court won’t always protect you if you sign a stupid contract. Being stupid isn’t a crime even if we think it should be. However, if a prenup is incredibly one sided then it will not be enforced by a judge.
A prenup can be used to protect both parties. It takes away the guess work of going through a lengthy divorce trial where either party could end up with nothing. There are some things, such as child support, that cannot be addressed in a prenup. Child support affects another person’s rights (the child). The child really isn’t a party to the prenup.
Legality
Prenups must be legal. Like any contract, you should take it to your attorney. The other party should be encouraged to take it to an attorney of their choice to make sure that it is fair. Things such as, “If you gain 20 pounds I will divorce you and you will pay me $500,000,” will not be held up by the court. It’s important to consult your attorney.
Don’t use the Internet to draft your own prenup. Talk to an attorney. Only an attorney is qualified to give you legal advice. Don’t rely on Internet forums for prenup advice. On the Internet, people can portray themselves as anyone they want. They know that very few people will take the time to verify the information that they receive online.
Prenups can save a lot of time, heartache, and fighting if your dream marriage turns into a walking nightmare. Work together to come up with a prenup that best fits your relationship. All problems are best solved by planning for them in advance. It doesn’t guarantee that there won’t be a problem. It just helps institute solutions to minimize the effects of the problem.