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Do I need a prenuptial agreement?

On Behalf of | Mar 20, 2023 | Divorce |

Getting married is a life-changing decision that understandably brings a range of emotions and even new responsibilities. While the focus should be on the love between you and your partner, it is important to consider practical matters such as prenuptial agreements. Contrary to popular belief, prenuptial agreements are not just a tool of the ultra-wealthy. This overview of prenuptial agreements will explore the pros and cons along with specific reasons why you might consider opting for one.

Definition of a prenuptial agreement

A prenuptial agreement is a written agreement that a couple usually signs before they get married. It outlines how their finances and assets will be divided in the event of a divorce or death. The agreement can also help couples to decide upon their financial responsibilities throughout the marriage.

Advantages of having a prenuptial agreement

There are several advantages associated with having a prenuptial agreement. 

Firstly, it protects any assets that either partner will bring into the marriage. This means that if the marriage ends, these assets will remain in the possession of their respective owners. Additionally, it covers the potential appreciation of existing assets. In some states, that appreciation would be considered marital property, muddying the waters for those who are not protected by a prenuptial agreement.   

Secondly, it can help to establish both partners’ financial responsibilities during the marriage. This can help to resolve any potential disputes about money and ensure that both partners are aware of their rights and obligations. 

Thirdly, it can help to avoid conflict and legal action in the event of a divorce. Rather than having to go through a lengthy legal process, the prenuptial agreement can be used to quickly resolve any disputes.

Disadvantages of having a prenuptial agreement

While there are many advantages to having a prenuptial agreement, there are also some disadvantages. First of all, it can make a marriage seem less secure as it involves making plans for a possible divorce. It can also be expensive to draw up a prenuptial agreement as it requires legal fees and other intangible costs such as time investment. 

Who should consider a prenuptial agreement?

There are certain people who may want to consider having a prenuptial agreement. These include:

  • People with children from a previous relationship

  • People with significant wealth or other assets that may appreciate over the course of the marriage

  • People with complicated financial situations

These agreements can help to protect assets and ensure both partners understand their rights and obligations in the marriage.


Overall, prenuptial agreements can be beneficial for couples in certain situations. By outlining the terms of the agreement before the marriage takes place, couples can avoid a costly legal dispute in the event of a divorce. Although prenuptial agreements can be expensive and complicated, couples who fit the criteria should at least consider speaking with a lawyer about the options available to them.