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Getting a prenuptial agreement: some relevant considerations

| Mar 10, 2015 | Firm News, High Asset Divorce

If marriage is in your foreseeable future, and the following question is constantly cropping up in your head, you might reasonably want to schedule a visit with a proven family law attorney.

Here’s that simple yet often perplexing query: Should I get a prenuptial agreement?

And here’s a simple, yet just as perplexing — and, indeed, wholly unsatisfactory — answer: Maybe yes … and maybe no.

Sometimes, it is just a flatly hard call, with experienced attorneys, marriage counselors and other parties who know a thing or two about marital contracts fully appreciating the angst involved for any person wrestling over the decision whether to execute one.

As an initial matter, it might be useful for any person straddling the fence on the matter to know that many more couples are executing premarital agreements these days than was the case in bygone years. In a survey of family law lawyers conducted not long ago, a strong majority of respondents noted an uptick in couples executing marital contracts prior to signing off on a marriage certificate.

Although that doesn’t mean, of course, that a prenup is for everyone, it does mean that the admitted stigma of yore regarding such contracts has materially — if not entirely — dissipated in the minds of many people.

Candidly, a prenup is simply not such a big deal anymore, although it is easy to see how it might be regarded as anti-love and a deal breaker in some instances.

As two family law experts note in a recent article on the subject, think it through if, indeed, you are thinking about it. Although it might not seem to make much sense in one context (for example, in the case of a young couple marrying for the first time with no savings or family money forthcoming in the form of an inheritance or trust), executing a prenup can be an eminently wise decision for another couple (e.g., one of the spouses has a sizable inheritance; a family business is in play; or kids exist from a former marriage).

When in doubt, speak candidly and confidentially with a seasoned family law attorney experienced in negotiating and drafting marital contracts.


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