Photo of Kenneth L. Gibson Jr.
Photo of Kenneth L. Gibson Jr.
Photo of Kenneth L. Gibson Jr.

3 situations that might necessitate a prenuptial agreement

On Behalf of | Jun 13, 2024 | Family Law | 0 comments

The usual purpose of a marriage is to make a lifetime commitment to a partner. Although the vast majority of people enter into new marriages in good faith, a large portion of them eventually end in divorce. Misconduct, changing values and shifting cultural standards all contribute to relatively high rates of divorce.

No one knows when they get engaged whether or not they may eventually end up in divorce court. A prenuptial agreement is one of the best tools to protect against a messy and expensive divorce. Most couples could potentially benefit from negotiating and signing prenuptial agreements. However, some people need protection far more than others.

Who might benefit the most from signing a prenuptial agreement with their fiancé?

People who own businesses

Maybe someone started a small company with their brother. Perhaps they run a professional practice that they started after acquiring a graduate degree. People tend to reinvest in businesses during their marriages, putting their companies at risk of division during property division proceedings. Prenuptial agreements can protect someone’s business by establishing that it is separate property if the couple ever divorces.

Those starting blended families

Statistically, second marriages are more likely to end in divorce than first marriages. When two people combine their families, the risk of a messy and complex divorce exists. A prenuptial agreement can help clarify expectations for both spouses establishing a blended family. The agreement can also help protect the family from a potentially messy and protracted divorce process.

Spouses preparing to make personal sacrifices

Perhaps a couple intends to have children and has already talked about one parent leaving their job to take care of the children. Maybe a couple marries later in life when their parents are ailing. They may have already agreed that one spouse may put their career on the back burner to provide practical support for their aging parents. In cases where people intend to set aside their career development for the betterment of the family, a prenuptial agreement can be a way to protect themselves from the possibility of financial hardship in the future.

People in a variety of different family circumstances may recognize that divorce might be particularly dangerous for them. Negotiating a prenuptial agreement can help people enter their marriages with shared expectations and less personal risk.


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Photo of Kenneth L. Gibson Jr.