Everyone couple likes to think their vows will last a lifetime. Every couple likes to think they’re special and they can get through any troubles that may come their way.
Unfortunately, statistically speaking, they’re wrong. More than half of all couples in the US now get divorced. While there is not a way to prevent a divorce, there is a way to make divorce smoother.
Just like with estate planning where you don’t really want to think about your own mortality, you do it because you know it will make things easier in the end. The same can be said of a prenuptial agreement.
What is a prenuptial agreement?
A prenuptial agreement is an agreement that lays out the terms and conditions of divorce. You think about the worst case scenario now and put it in a drawer hoping you never have to use it. But, in the event that you do need to bring it out, you’ve already done the heavy lifting and the hard work.
If we love each other, we can get through anything. Every couple says that and more than half of them end up in divorce. Our clients often regret not entering into a prenuptial agreement prior to their first marriage. In fact, most of our clients who enter a second marriage, come see us for a prenuptial agreement because they know how hard divorce can be and they would rather prepare now and not need it, than need it later and not be prepared.
One great aspect of a prenuptial agreement is that you contemplate the worst case scenario when you’re in love, not when you’re emotionally charged. This helps create a situation that is more fair and reduces the emotion and stress involved during the divorce.
What can be put in a prenuptial agreement?
Anything. When the two of you decide to enter into a prenuptial agreement, you can enter into this agreement with any property.
A common misconception is that a prenuptial agreement is only for the wealthy. That’s not the case. If you have a special china collection that has been passed down in your family for generations, you can make a special clause in the prenuptial agreement that, should the marriage end in divorce, that remains your separate property and your former spouse will have no claim to it.
But in order to protect that special family property, you need a prenuptial agreement. Without it, your family china or any other meaningful and special heirlooms will be at risk if your marriage ends in divorce.
Contact us today
Working with a family lawyer Rockville, MD relies on will ensure you enter your marriage with the best intentions but also with extreme preparedness. You’re prepared for the best of times by loving each other and looking forward to a life of happiness together. You’re also prepared for the end of the marriage. While you certainly hope that you’ll never reach that point, being prepared will help ease the challenges associated with divorce.
Thank you to our friends and contributors at The Law Office of Daniel J. Wright for their insight into family law and prenups.