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4 reasons why you need a prenuptial agreement

On Behalf of | Apr 24, 2023 | Family Law

In life, it helps to be prepared for any eventualities, even the ones that seem unlikely. Divorce is one of them. No one envisions the end of their marriage but things do not always work out despite your best efforts. 

It is why you need to plan for such a possibility by having a prenuptial agreement, commonly referred to as a prenup. This is a legally binding agreement created before marriage with an outline of how specific aspects of a divorce will be handled. Here is why a prenup can be useful when a divorce happens:

1. It clarifies asset and debts

A prenup clearly specifies who owns what assets and debts before and during the marriage. This makes it easier to determine the assets and liabilities that are subject to division in a divorce. Without a prenup, there may be confusion or disagreement over property ownership which can lead to a lengthy and costly divorce.

2. It can protect your business

If you run a family business, a prenuptial agreement is ideal. Your spouse may have a stake in the business through their direct or indirect contributions. Without a prenup, it can be hard to tell each party’s share or how ownership will be divided. This has the potential to negatively affect business operations.

3. It saves time and money 

By having a prenuptial agreement in place, you can save time and money during the divorce process. Since the terms of the prenup have already been agreed upon, there is less need for litigation, negotiation, or other legal proceedings. This can speed up the divorce process and reduce legal fees.

4. It can protect your children’s interests

If you have children from a previous relationship, a prenup can help protect their financial interests. You can specify what portion of your assets will go to the children in the event of your death. Including the property and inheritance rights of your children will ensure they receive their fair share of your assets.

If you’re considering getting married, it’s important to discuss the benefits of a prenup with your partner. Equally important is ensuring you have a solid agreement that is legally valid and enforceable.