by Jonathan C. Noble, Esq. on January 24, 2020 3 minute read
A simple prenuptial consultation before the wedding invitations are ordered may help save your future.
We all like to think that every marriage will last until “death do us part”. Unfortunately, more than half of all first marriages in the United States end in divorce. For second marriages, the failure rate is over 60%. Third marriages fail more than 80% of the time. If you get married in the United States and the marriage lasts until the death of one spouse, you have beaten the odds. Congratulations.
Do not fear the “prenup discussion” with your future spouse.
Many people wrongly believe that they may jeopardize their upcoming wedding plans if they approach the topic of a prenup with the person they plan to marry. If you are afraid to approach your potential future spouse about entering into a comprehensive prenuptial agreement you may wish to reconsider. A prenup discussion is not “unromantic”. In fact, based on the facts of your case, and the personalities and expectations of the couple, a prenup could bring the parties closer together.
A prenuptial agreement is only good if it will be upheld in a court of law.
In other words, it is not usually a good idea to draft and execute your own prenup agreement, (unless you are an experienced family law attorney). Many jurisdictions have strict rules, statutes and decisional law regarding the drafting, execution, timing, and interpretation of prenuptial agreements. You do not want to find out the hard way that the boilerplate prenuptial agreement that you bought off of the internet and signed the night before the wedding is not worth the paper it was written on.
Thinking about getting married? Call an experienced family law attorney. Get informed. You can thank me later.
There is little accurate information available regarding your rights and financial responsibilities regarding marriage. Most people find out about their state laws regarding what happens as a result of a non-functioning marriage when their marriage fails. This can be a hard and expensive lesson to learn.
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