How prenuptial agreements can open eyes and build confidence

For many couples, marriage eventually follows courtship, whether long or short. Californians know that getting married may be easy and can be done relatively quickly if a couple is so inclined, but divorce can be a much more complicated and lengthy process. Knowing, too, that roughly 50 percent of marriages fail, more people are interested in crafting prenuptial agreements to protect their rights and finances in case their marriage does not last.

Some couples, however, hesitate to talk about prenuptial agreements because they find the topic unromantic and may mean a partner is already thinking of divorce. However, just a couple of considerations can help couples decide whether being “unromantic” might be the best course.

First, when a couple enters a marriage, more than likely they merge their finances. This often means one or the other spouse takes charge of paying monthly bills and running the household budget – which can mean the other spouse becomes less aware of the true financial picture. Second, if the person who takes over has a history of debts or bad money management, that leaves the other spouse at risk of ending up with a poor credit rating.

By crafting a prenuptial agreement that discusses issues such as separation of merged finances and debts, couples will be able to have a clear picture of their finances, promoting an openness that can be beneficial.

Couples who decide to draft prenups have to disclose all their property and assets. A prenup also allows couples to make many decisions before marriage, including dividing property and assets in the event of divorce. To ensure that the agreement will be enforceable if needed, each party can be represented by an attorney who can make sure that all guidelines are met.

Source: Huffington Post, “The new love deal,” Terry Savage, May 20, 2014