Prenups: A Roadmap for Unpredictable Changes in Marriage

The number of individuals opting for prenuptial agreements is steadily rising. According to a survey conducted by market research firm Harris Poll in 2022, out of over 1,000 married or engaged respondents, 15% reported having signed a premarital or prenuptial agreement, a significant increase from the 3% reported in 2010.At Eggert Law, we understand that discussing the potential outcomes of divorce or the passing of a loved one is not something any couple eagerly anticipates. We recognize the anxiety and panic it can cause in soon-to-be spouses. However, our goal is to offer reassurance, peace, and security. We strive to ensure that your marriage is equipped for success, even in the event of the worst-case scenario.

What Exactly is a Prenup?

A prenuptial agreement is a legal contract that outlines how assets will be distributed in the event of death or divorce. Having a prenuptial agreement empowers you to control the division of your assets in case of divorce, as opposed to the state deciding for you.A prenup may not be the most romantic topic to discuss before tying the knot, but it can provide couples with a sense of security and clarity. Think of it as a roadmap that helps navigate the sometimes unpredictable twists and turns of married life. It allows couples to outline their financial expectations and protect their individual interests. For example, if one partner owns a successful business or has substantial savings, a prenup can ensure that these assets remain separate property in case of a separation.It's important to note that a prenup should be fair and reasonable for both parties. It should not be used as a tool to exploit or disadvantage one partner. Each person should have the opportunity to review the agreement with their own legal counsel to ensure their rights are protected.

What Should I Include in My Prenup?

Every couple has their own unique dynamic and set of circumstances, making it crucial to approach the idea of a prenup with careful consideration. It is essential to find a lawyer who will not only provide legal expertise, but also takes the time to understand the individual needs and concerns of both partners involved.Eggert Law is dedicated to truly listening and understanding both parties in a prenup agreement, rather than simply presenting a one-size-fits-all contract. If you do choose to use us for your prenup, rest assured you can feel confident that your contract will accurately reflect your specific desires and concerns, rather than being rushed into signing something that may not fully align with your wishes.We've compiled this list of prenuptial agreements that you and your partner can think of and discuss in preparation of meeting with your lawyer.

1. Division of assets: This refers to how property, such as real estate, stocks, and investments, will be divided in case of divorce or death.
2. Division of debts: Prenups can specify who will be responsible for paying off certain debts acquired during the marriage.
3. Alimony/spousal support: Prenups can include agreements about whether one spouse will receive financial support from the other after a divorce.
4. Inheritance rights: You can use a prenup to clarify what will happen to your assets if you were to pass away unexpectedly.
5. Personal matters: Couples may also include provisions regarding personal preferences or expectations for their marriage, such as how household chores will be divided or whether each partner will have separate bank accounts.

What Does this Say About My Marriage?

While discussing a prenup may seem daunting, it can actually strengthen a couple's relationship by fostering open and honest communication. It allows them to have important conversations about their expectations, goals, and values. By addressing potential issues before they arise, couples can build a solid foundation of trust and understanding.Ultimately, a prenup is not a sign of distrust or an anticipation of failure. It is a practical tool that empowers couples to make informed decisions about their future. Whether it's protecting assets, clarifying financial responsibilities, or safeguarding the well-being of children, a prenup can provide couples with the peace of mind they need to embark on their marital journey with confidence.

How Do I Go About Getting a Prenup?

If you're curious about obtaining a prenup for you and your partner, schedule a consultation with us, or feel free to call us at (539) 252-9364! We can ensure that with our expertise, you and your partner will walk away feeling more confident in your marriage and more confident in your future. With our expertise and guidance, we can help you navigate these difficult conversations and make informed decisions. Eggert Law is dedicated to providing the support you need during this challenging time. We will work closely with you to create a plan that meets your unique needs and protects your interests. You can trust us to handle your case with the utmost professionalism and confidentiality. Let us be your trusted partner in safeguarding your future.