20 years ago, only about five to 10 percent of American couples executed a prenuptial agreement before tying the knot. These agreements have become increasingly popular as more people realize their benefits. Millennials are also getting married later in life, giving them more to protect as they enter into marriage. As a result, there’s been a fivefold increase in prenuptial agreements over the past 20 years. With so many benefits, it’s easy to see why it’s a good idea for engaged couples to draft a prenup agreement but are there also some drawbacks they need to consider? Do those drawbacks outweigh the benefits?
Drawbacks to Prenuptial Agreements
While it’s generally in your best interest to protect yourself with a prenuptial agreement before entering into marriage, they have their drawbacks that you should be aware of.
The Prenup May Favor One Spouse
Sometimes prenuptial agreements can favor one spouse. It’s essential for couples to each have their own attorney and for their attorney to be well-versed in family law. This way, they can ensure that their prenup is fair to both sides. If a prenup is too one-sided, a judge may deem it void when and if the time comes to use it.
Talking about Divorce Before Marriage Isn’t Romantic
When you are getting ready to join your life with your romantic partner, it’s not necessarily romantic to discuss what happens if you one day decide to part ways. You’d much rather be talking about your happily ever after. Discussing prenup agreements can be uncomfortable and sometimes lead to arguments or contentions. However, talking about difficult subjects such as finances is part of marriage, and marriage isn’t always romantic either. Suppose you can’t have these difficult conversations. In that case, you might want to re-evaluate if your relationship is ready for the next step.
You May Leave Out Important Points
If you are considering a prenuptial agreement, you may have a few points you want to include. You might become so focused on these points that you forget about others. This is one reason why it’s so important to have an experienced prenup attorney help draft your agreement. They can ensure that you include what you need to and that nothing critical is left out.
Your Prenup May Not Be Enforceable
Many couples spend time, effort, and money drafting what they think is the perfect, fool-proof prenup, only to find that they are wrong when settling their divorce. If your prenup isn’t done right and includes provisions that a judge won’t enforce, it’s not worth the paper it’s printed on. So it’s essential to know what you can and can’t include in your prenup agreement, and what types of provisions are unenforceable under California law. The best way to accomplish this is to enlist the help of a seasoned prenup attorney to help you draft your agreement.
It Doesn’t Cover All Aspects of Divorce
Some of the issues that a prenuptial agreement can’t dictate include child custody, parenting time, and child support. Most couples will end up having at least one child throughout the course of their marriage, which makes divorce more complex and contentious. Yet, California law doesn’t support putting these issues into an enforceable prenup agreement. If the law were different, it would create some issues, but it could also help solve some and make divorce cases with children run more smoothly.
It Might Be Unnecessary
For some couples, the law and their assets are such that they don’t need a prenuptial agreement. If they were to get divorced under the current laws, they would be okay with how their property was split. Even if a couple believes this to be their case, they should discuss their thoughts, desires, and goals with a prenup attorney before they get married. So it’s possible that they might find they could benefit from a prenuptial agreement after all.
Talk to a Family Law Attorney Today
While visiting with a family law attorney may not sound like the most romantic thing to do before getting married, it’s in your best interest to do so. You can learn more about these agreements and your rights under the law. If you decide to move forward with the one, the attorney can help you write it to include everything you need. They can also help ensure that it is enforceable under California law when and if the time comes. If you will soon be walking down the aisle, make sure your wedding preparation includes considering a prenup agreement.
