When you are newly engaged the last thing you want to think about is divorce. But, since divorce rates are 1 in 3, it’s something that everyone must think about. It’s not an easy subject to bring up to your soon to be husband or wife, but trust me this is a necessary evil. With prenups you both can determine the terms of what will happen if in fact you two decide to break up.
Divorce is a touchy subject. People tend to think that their marriage will be the one out of their friends or family to last forever. Which I personally hope the relationship does last a lifetime. But, if in fact something changes at least you know that this is printed and signed by both of you. Now you can be as detailed as you want to be or you can make it simple and have the guidelines written up for certain circumstances that may occur in your marriage. Having it all mapped out will make things go so much smoother in the end. I don’t care if neither of you have a dime to your name, it’s better to be safe, than sorry. And if one of you had an inheritance before you got married, then that money should be put into a trust, so your spouse can’t try to take that money away from you. Especially since it was a premarital asset.
Prenups can include what happens if you have children, who is taking custody of them and the amount of child support will be included for the custodial parent. It can also dictate the amount of spousal support they can receive based on the amount of time you two were married. There are other factors that you can put in the prenup depending on your state and that state’s laws.
Divorce is something that needs to be discussed before you are married, regardless if you want to discuss it or not. When people are angry they tend to do all the things they promised they would never do. You cannot determine if they will stand by their word when divorce is imminent. Everything that was said is thrown out the window and the claws or gloves come out. But, if you had a prenup to begin with, then they really have no way to try to take more than they originally said they would. Now prenups can be challenged, but most judges will not overturn the prenup unless there was fraud involved and if they do think fraud is involved, they better have a good case to prove it.
I know most think prenups aren’t necessary, but because of the high divorce rates and the many people who have had to battle their exes for premarital assets, proves that having a prenup is your safest bet. It protects you and your spouse. People are also including a clause in their prenup for their dogs and cats. There is nothing more heartbreaking than losing your spouse and then losing your dog. So please if you do end up going the prenup route, think of every thing possible to include in the document. And if you two never divorce then no harm, no foul.