Marriage 101: Five Reasons Why You Should Get A Prenuptial Agreement

19 December 2014
 Categories: Law, Blog


A prenuptial agreement is a legal contract that addresses the financial penalties of divorce. Drawn up by lawyers, this document protects one—or both—parties' finances. It also serves as a legal mediator when dealing with the complicated aspects of divorce. Although a prenup is not a romantic way to start a marriage, it is often ideal—especially for those in certain circumstances. If you are planning to get married, consider these five reasons for getting a prenuptial agreement:

1. You Own a Business

Owning a business is a huge financial burden—and advantage, particularly if the business is going well. Signing a prenup is hugely beneficial for those with business ties, as it helps to protect the business and its finances from the spouse. Even if you don't own a business at the time of your marriage, you may want to draft a prenup if you've been thinking about a startup.

A prenup does not mean that your spouse is not entitled to money from the business during the marriage. It just protects you from losing your business and its money during a divorce.

2. You Have Real Estate

Many people own real estate assets prior to entering a marriage. If you want to hold on to these properties post-divorce, a prenup is the ideal solution. The legal document can help protect the real estate's value, as well as it ensures it stays within your immediate family after divorce.

3. You Have a Much Higher Income

Being the breadwinner may be nice, but it's not very fun during a divorce. After all, you may wind up paying all of the lawyer's fees or alimony! A prenup agreement will state who pays what during the divorce; and if you want, it can be split 50-50. It can also prevent the spouse from asking for alimony or other types of post-divorce payments.

4. You Have a High Net Worth

If you have a high net worth due to income, assets, or inheritance, a prenuptial agreement may be something you want. It will help protect you in the same way as having a higher income will. Plus, it will ensure that your spouse is not entitled to any funds from businesses, assets, or inheritances.

5. Your Partner Has Debt

Finances shouldn't prevent love and marriage, but they often do—especially if one party has a significant amount of debt. After all, when you marry everything is shared. But with a prenup, it doesn't have to be. The legal document will ensure that your significant other's debt stays theirs, and that you don't wind up paying thousands in dollars of credit card debt or school loans.

A prenuptial agreement can also help protect you in case you decide to remarry.

No matter the reasoning, a prenup is an ideal legal document for the financial-wary who are entering into a marriage. If you want to learn more or draft your own prenuptial agreement, contact legal professionals, like Matousek Law Office - Criminal Law.