A prenuptial agreement refers to an agreement between two spouses that describes the financial consequences of a divorce. Marrying couples who get a prenup are usually dissatisfied with the way divorce law handles the finances of a divorced couple. Unfortunately, many divorced couples miss out on the advantages of a prenup due to the misconception that these agreements are only for the wealthy. If you're getting married, here are a few reasons you should consider getting a prenuptial agreement.
1. Property protection
The main reason many married couples get a prenup is to protect their property. Rarely do people go into a marriage with property that is fully paid off. Most of the people who own property going into a marriage have inherited it from a parent or grandparent. If you have inherited property going into a marriage, you should get a prenup for protection in case you get a divorce. Otherwise, your spouse may be granted a certain percentage of the property's value. If that's the case, you may need to sell the property so that your ex-spouse gets what he or she is entitled to.
2. Cheaper divorce
With very few exceptions, divorce is a very expensive, lengthy, and stressful process. However, should you get divorced with your spouse, a prenup will make the divorce process much faster and more inexpensive. Usually, divorces are lengthy and expensive due to battles over finances and property. However, a prenup will define the financial situation should a couple decide to get divorced. That way, there will be little for the couple to argue about except possibly child custody.
3. Greater freedom
Yet another advantage of a prenup is that it grants spouses the freedom to escape from a bad marriage without worrying about the financial repercussions. Chances are, you've heard of or even know couples who only stay together for money. Undoubtedly, bad marriages can be miserable not just for the spouses but also the children.
In many cases, it can be cheaper and more financially viable for a couple to stay together rather than get a divorce. However, if a married couple establishes a fair prenup, neither spouse will feel an obligation to remain married simply due to financial concerns.
Many married couples don't even consider a prenup because they mistakenly believe that they don't need one. However, a prenup can prove to be beneficial for divorcing couples across the entire economic spectrum. To learn more about what a prenup can do for you, don't hesitate to talk to an attorney from LaRocca Hornik Rosen Greenberg & Patti LLC for a free consultation.