Prenuptial agreements tend to have a negative reputation among those soon to be wed. Many people
are led to believe that if you want to make a prenup, you are basically
betting on your divorce failing sooner or later. Indeed, if you approach
the idea of drafting a prenup incorrectly, it could potentially upset
your fiancé(e) and jeopardize your wedding plans.
But this is not to say in the slightest that prenuptial agreements are
actually all bad. When done correctly, you will find many advantages of
a prenup that simply cannot be attained through any other means.
The top three benefits you can enjoy by creating a prenuptial agreement are:
Asset protection: A prenuptial agreement is usually drafted to ensure that certain pieces
of separate property stay as such during the
division of assets in a
divorce. It can also predetermine how marital property will be divided, to an
extent. If you have significant assets or property of sentimental value
that you simply cannot imagine living without, then you can use a prenuptial
agreement to protect it. This should definitely be considered if you own
a small business and do not want to risk losing some control of your company
due to a divorce.
Reduced cost: Of course, no married couple plans on divorcing, but it does happen to
about 50% of all marriages in the country. Prenuptial agreements can be
a great way to keep your divorce costs comparatively low. Rather than
butting heads to settle major issues in a divorce, most of them will already
be put into writing and signed off. Essentially, the less time it takes
for your divorce to complete, the less money you will have to put into it.
Peace of mind: Perhaps the most important reason you and your spouse should think about
creating a prenuptial agreement is also the reason most overlooked –
and that is that it can provide peace of mind. Knowing that you are going
into your marriage and shared life together fully prepared can lift untold
amounts of potential stress of both your shoulders, letting you truly
enjoy your marriage, rather than wondering “what will happen if
this doesn’t work out” all the time.
How your prenuptial agreement is created is important, though. Not knowing
all the right legal language, or what a prenup can and cannot do, could
render the agreement unusable if a divorce court ever has to review it.
To ensure that your prenuptial agreement is valid and fairly considers
your and your spouse’s best interests, you can call
201.419.6223 to connect with Moskowitz Law Group, LLC. During a
free consultation, you can ask about the services of our Bergen County family lawyers and
how to begin your prenup. If you are already married, then we can also
help you create a post-nuptial agreement.