Even Folks of Average Means Should Not Marry Without a Prenup

Prenuptial agreements have long been popular among couples in the entertainment industry. Only recently have they begun to gain steam among us common folk. While many think they have too few assets to even consider drafting a prenup, more couples are beginning to see them as one of many prudent methods of protecting their individual financial futures. We currently live in an era in which more couples are becoming involved in second marriages. In fact, statistics in 2013 hints that at least one of the spouses that make up newly married couples have been previously married in at least 40 percent of all cases. Many of these spouses enter into the marriages with kids they had with their ex.

If a spouse dies, under most state laws, the other would be left with his or her assets. However, a husband or wife with children from a previous relationship may want to ensure that their children are taken care of if something happens to them.

Or, they might want to make sure their salary is not eaten up by alimony that's paid to their spouse if they divorce. More ordinary couples are signing prenups to gain an upper hand over what happens. Additionally, one spouse may have significant debt or be an entrepreneur. The couple signing a prenup can protect one spouse from being held liable for the other's outstanding personal or business debts. If they divorce, separating marital and personal debts is a much more seamless process if it's planned in advance.

If you or your spouse plan to pursue an advanced degree or be a stay-at-home parent, it's quite possible that one spouse will be bringing in significantly reduced income compared to the working one. In this case, you may wish to have a prenup drafted to protect against it appearing that one spouse relies on the other to sustain their lifestyle.

In order for a prenup to be legally enforceable, each party must have their own attorney review it to ensure that they both understand it and to attest to the fact that it's fair. If you are looking to have a prenup drafted before you marry or to simply have one reviewed, a Naples divorce attorney can help.

Source: Wise Bread, "6 reasons average people should consider a prenup," Emily Guy Birken, accessed July 25, 2017