A marriage is supposed to be forever. If he asks you to marry him and you agree, aren’t you both planning on living the rest of your lives together? A prenuptial agreement is used in a divorce proceeding.
When is a Prenuptial Agreement a good Idea?
A prenuptial agreement is almost like planning on getting a divorce. If not, why would you need one? There are a few cases that I consider it appropriate to ask your partner to sign one. The very rare and unusual times to go ahead and sign are:
If one partner has millions of dollars that came from old family money, not earned by them
If there are many children and step-children that need to be taken care of
If it is fair in allocating equal shares to both partners
If most of the money involved came from family members passing it down through the generations, it should stay with the same blood relatives in an event of a divorce. If either of you have children, they need to be taken into consideration as well. However, if the agreement is fair to you both and the children are taken care of, then it wouldn’t hurt anything to sign it.
What Would a Judge Say?
If you live in a community property state, all property is supposed to be split equally. A judge in a divorce hearing in a community property state can, and most likely will, let the prenuptial agreement override the state property laws. They have to determine that all property owned at the time of the marriage was disclosed to each party and that both of you signed willingly.
Where is the Trust and Commitment?
If you both are truly in love and plan to be married the rest of your lives then it would seem like there is a slight lack of trust if a prenuptial agreement is requested by either party. In life, we need to look out for ourselves. So many people end up divorced nowadays even though they really felt in their heart they would stay together forever. If you decide to sign it and get married, make sure you have your own attorney review it for you. It’s so sad to see that nothing is forever; even wedding vows made to the one we love.