Prenuptial Agreements: Gaining a Financial Picture Before Marriage

Contact Us For A
Free Consultation

Bold labels are required.

Contact Information

Name

Email Address

Please enter a valid email address.

Phone

Brief description of your legal issue

Please verify that you have read the disclaimer.

I have read the disclaimer. disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Everyone has their own financial personality. Your spending and saving habits may differ greatly from friends and family. According to a 2011 study from Utah State University, married couples who disagree about money issues once a week are twice as likely to divorce than couples who have money conflicts less than once a month.

Experts explain that money disagreements encompass a variety of issues that reach beyond financial matters. These contested discussions involve issues of control, freedom and self-esteem. Furthermore, disputes about money are based on differing views regarding spending and saving, which can vary significantly from person to person.

Finances can be a serious issue for couples. If your financial personality or financial status differs from your partner, you may want to consider a prenuptial agreement before you get married. While few individuals enter a marriage with the anticipation of a divorce, marriages can end. A prenuptial agreement is a legal tool that can help protect you in the event that you separate from your partner.

Prenuptial Agreements: Preventing Financial Problems

If you opt to protect your finances before you get married, there are a few matters that should be contemplated when constructing your prenuptial agreement. Many of these questions will depend on the financial personality of you and your partner.

The following are matters that you should consider before marriage. These issues will help you divide financial responsibilities throughout your relationship:

• Who will handle the finances in the home?
• Who will be responsible for tax responsibilities, such as filing or paying taxes?
• Who will be responsible for rental or mortgage payments?

Your prenuptial agreement should also consider the financial repercussions of a divorce. If you get divorced, what do you want to protect? You should consider the following issues:

• Do you own a business?
• Does your partner carry significant financial debt?
• Do you anticipate a large inheritance?
• What should be the post-marriage fate of property that you and your spouse owned prior to marriage

In the divorce process, ownership of a business could be split between spouses. This is true even if a business was commenced by only one spouse before the marriage. Therefore, you should evaluate how important it is to keep your company.

Also, without a prenuptial agreement, you could be responsible for part of your partner’s debt – even after marriage. Think about all of the financial responsibilities that your partner has, such as student loan debt. Do you want to be financially liable for this after you separate?

Finally, if you expect a large inheritance or you have property in your name prior to tying the knot, you may want to take steps to protect your wealth and assets.

These are just some of the matters that should be contemplated and addressed in a prenuptial agreement. The construction of a prenuptial agreement will depend largely on what you bring into a marriage.

Ultimately, a prenuptial agreement can help you gain a solid understanding of all assets coming into your marriage. The contract assists with financial planning, and it helps you develop a complete financial picture. Most importantly, the device helps you protect what is important to you.

If you have questions about what should go in your prenuptial agreement, you may want to speak to a knowledgeable family law attorney.