A prenuptial agreement isn’t a prediction of future divorce. In fact, the process of developing and implementing a prenuptial agreement can help to establish a stronger relationship between the parties and increase the likelihood of success for the coming marriage.
Over the years prenuptial agreements have gotten a really bad reputation, carrying a stigma based on the common myth “it means you’re going into marriage expecting a divorce.” On the contrary, a prenuptial agreement isn’t a prediction of future divorce. In many cases the discussions and work a couple does together to ahead of their marriage lays a stronger understanding of expectations and builds negotiation and communication skills. These help to establish a stronger foundation for the relationship and ultimately can help the union to thrive.
A prenuptial agreement covers a variety of issues, including the responsibilities of each party during the marriage. It lays out plans which free the parties from fear based upon outside influences and protects the existing separate interests of both individuals.
This is especially the case in second marriages with blended families. You may wish to protect children from your first marriage by setting aside “separate” assets including insurance, investments and real property. There may be a thriving professional practice or business interest and prenuptial agreements discuss the nature of how that business will operate outside of community funds.
The “prenup” cannot discuss many issues of a divorce including anything involving child custody or child support and it cannot be used to force you to waive your right to spousal support. A strong prenuptial agreement helps the parties to discuss the genuine existence of important elements of their present lives, and how those are to be handled going forward.
Which behavior do you really believe is more indicative of the potential for divorce – avoiding difficult conversations based upon fear of divorce ahead of a pending marriage, or having open, candid conversations about the real concerns, interests and separate property of each party and how they will be handled?
If you would like to learn more about a prenuptial agreement and if it is a sound decision based upon your unique circumstances we invite you to contact the experienced Certified Family Law Specialists at Burke & Domercq or call 760-434-3330 to schedule an appointment. Learn more about how a prenuptial agreement isn’t a prediction of future divorce and how it can actually be a productive relationship builder for you and your soon-to-be spouse.