Prenuptial agreements were once relatively rare. Influential or exceptionally wealthy people were the main people who negotiated agreements with their fiances before getting married. That has changed in recent years.
Prenuptial agreements are now common, especially with younger couples and households with two working spouses. Those preparing to suggest a prenuptial agreement after getting engaged or considering a fiance’s desire for legal protection may have questions that they need to answer.
The answers to the three frequently asked questions below may help people determine if a prenuptial agreement is the right option in their case and give insight into how to draft an effective agreement.
1. What should a prenuptial agreement include?
Typically, prenuptial agreements should focus primarily on legally enforceable issues. Spouses can discuss what they expect throughout the marriage and in the event of a divorce. They should focus on establishing terms that the courts can enforce.
It is quite common for spouses to include clear provisions for property division, such as rules for the overall division of property and agreements establishing certain assets as separate. Spouses can also address financial support. Including inappropriate provisions, such as a rule against child support or expectations for a partner to maintain a certain weight, could lead to questions about the document later.
2. Does suggesting a prenup indicate a lack of commitment?
People frequently assert that prenuptial agreements are an indicator that one spouse does not intend to fully commit to their marriage. However, people can begin a marital relationship fully committed while acknowledging that divorce is possible. Even couples who start strong may grow apart over the years.
Researchers have found that prenuptial agreements can actually help strengthen marriages. The process of discussing what might happen during a divorce and what each spouse expects from their marriage can help people begin a marital relationship with shared goals and expectations.
3. When is a prenuptial agreement invalid?
Sometimes, the courts may set aside prenuptial agreements that focus on unenforceable personal matters or that include illegal provisions. One of the most common reasons that the courts invalidate prenuptial agreements is an unconscionable contract. If the agreement only offers protection to one spouse, the courts may determine that it is unconscionable and therefore unenforceable.
Prenuptial agreements are also at risk of invalidation if one spouse signs while under duress or if they fail to have an attorney represent them while drafting the agreement. People generally need someone advocating for their best interests to review the contract and ensure it is reasonable. They need to understand the terms included in the prenuptial agreement before they sign.
Engaged couples intending to draft prenuptial agreements often need help throughout the process. Creating a list of questions and goals related to prenuptial agreements can help people explore whether a marital contract may be beneficial.
