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Should You Sign a Prenup? What to Consider

The question of whether or not a couple should enter into a prenuptial agreement (popularly known as a prenup) is a personal and sensitive decision. There are some schools of thought that encourage every single couple to sign a prenup. But if you’re wondering whether or not a prenup would be right for you and your significant other and are not prepared to accept the one-size-fits-all answer, here are a few things to consider.

More than Just Protecting Assets

There certainly are downsides to pursuing a prenuptial agreement, but one popular objection is quite overblown. Many people believe that prenuptial agreements require uncomfortable sessions of dividing assets in order to “protect” the individuals in the relationship in the event one person is secretly a greedy manipulator, or the relationship goes south. But a prenup in fact can do the opposite. Financial disputes are a leading cause of the dissolution of relationships, and having a blueprint for how assets will be arranged, earned, and divided can help to fend off potential conflict. Prenuptial agreements also present a process and opportunity to determine how assets and debts that each person brings to the relationship should be organized and shared. Signing a prenup can be seen as simply a reliable step in setting up plans and consolidating assets and liabilities to start a couple on the right path to financial organization.

Pros

Other pros to signing a prenuptial agreement include distinguishing between individual and community property, ensuring that one spouse’s debt liability doesn’t negatively affect the other. Additionally, if you have interests in real estate or land, have significant funds saved for retirement, own a business, or plan to get an advanced degree, a prenuptial agreement may be a good idea. While a prenup need not be seen as a protective measure for the individual assets of a couple, it indeed can function as one if it’s ever needed.

Cons

That said, there are detriments to engaging in a prenuptial agreement. Doing so involves discussing property and financial distributions, which can be uncomfortable for some couples. If you believe doing so would negatively affect your relationship, a prenup may not be right for you. In some states, laws may cover all of the issues that you would consider addressing in the prenup anyway, thereby making a prenuptial agreement a potentially complicated or costly exercise in redundancy. The same may be true if neither member of the couple makes substantial income, owns real estate, or has complicated assets or financial interests; a prenup simply may be unnecessary to make financial arrangements.

Want to Know More?

Prenuptial agreements can be a powerful tool to protect individuals involved in a relationship and to help a new couple start on the road to a healthy financial future. If you’re considering a prenuptial agreement, avoid difficulties and discuss your options by seeking reliable and experienced assistance. Contact an experienced Boca Raton family attorney at Schwartz l White at 561-391-9943 today for a consultation.

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