Signing on the dotted line means a lot more than just
changing your name on the marriage license. Today, many
brides and grooms are also signing prenups. Although it
may sound like a contradiction in terms - signing an agreement
that grants certain rights to both parties in case of a divorce
before you're even married - prenuptial agreements are becoming
more common.
More common, but often misunderstood. Despite what you
may believe, this binding financial agreement is not always a
contentious issue.
A prenuptial agreement is just that - a binding contract
between two individuals who are deciding, prior to their marriage,
what their legal relationship will be in the event of divorce.
Binding means that there are no exceptions to the rule - the way
the prenup is written is how it will be executed unless one of the
parties can demonstrate there was fraud involved or they signed
the agreement under duress.
Most often couples that enter into a prenuptial agreement
are older, with substantial assets that they have either amassed
on their own, or which have been passed down through their
families. Or, the husband, wife or both may have children from
previous marriages whom they want to protect from financial
wrangles should another divorce ensue.
In cases such as these, creating a binding legal document
spelling out how assets are to be divided has its advantages.
For a bride who has created an enterprise, product or other
business on her own that has become incredibly successful, a
prenup is a way to protect that hard work in case of divorce. An
interest in a family business or income from a family trust fund is
often other financial bonus that a bride or groom might want to
protect.
For the average couple, however, there is really no need for a
prenuptial agreement, but for those with complicated finances
or big family wealth, they are almost de rigeur. If both parties are
in agreement on the need for a prenuptial, you should start
working out the details at least six months before the wedding
and have it signed at least a month before the actual date.
Both you and your fiance should depend on separate lawyers
to work out the details and make sure the agreement is in language
you can both clearly understand. If you have difficulty
understanding any part of the agreement, it needs to be amended.
The final agreement must be signed in the presence of a
notary public, too.
Again, a prenup is not for everyone, but if you and your fiance
decide it's the way to go, make sure you give this detail of your
wedding and marriage the same amount of attention and care
you will devote to every other aspect of your life together.