If you are about to get married, probably “prenup” is one of the last words you’d like to hear. It has a reputation. It’s something that only well-off people get. Or, is it?
The word has become pretty charged with negative meanings associated with it, however, if we analyze what it is for and why you should get it, you might notice it is not as bad after all. In the end, it’s a tool that will help you be protected in a complex contract like a marriage.
In the end, a tool is not good or bad and the difference comes along on how you decide to use it. We will be analyzing some of the most common misconceptions associated with prenups that you’ll find.
That it means a lack of trust
Mentioning a prenup can bring up tension between you and your soon-to-be spouse. In many ways, because we associate it with a lack of trust. However, it can mean setting things in order in a loving way, preventing what someday might come.
As Attorney at law explains it:
While everyone has different motivations for getting a prenup, most do so because they want to clearly define their financial responsibilities in the marriage, gain clarity around inheritance issues, and keep control over their assets. Creating a legal prenup is about the couple working together honestly and openly and coming up with terms they both feel are just and fair. In fact, it is responsible to map out a plan when both parties are in love, rather than fight over the details of what to most can be a stressful and chaotic period in a divorce.
Setting things in order before getting into a marriage is not only good planning, it’s necessary and will help through the relationship and even more if a divorce occurs later. It will take off the burden and drama of setting everything in order while ending a relationship that has been important to you both for a period of your lives.
It will be enforced if you get divorced
A prenup is not something set in stone. If your marriage does end in divorce, you’ll still get the chance of deciding, depending on your state of course. As Mckinnon states:
There are also certain situations which might make the prenup invalid, for example, if one party can prove that they were forced to sign it against their will, there was no disclosure, or it was not executed within a reasonable time prior to the marriage. Additionally, the parties can both voluntarily rescind a prenuptial agreement if they both decide to do so at any time after its execution or after the wedding.
You must be rich to be getting a prenup
Another thing that we associate with prenups in general (and probably because of Hollywood), is that only rich people get a prenup before getting married. However, they are available to everyone:
Prenuptial agreements can be used to help guide the couple in all manner of personal affairs should their relationship come to an end. If they have children from a different relationship, for example, a prenup could be useful to clarify what will happen to assets if the parent of the child should die. They can also be used to define the roles and responsibilities of each individual in the marriage or even to protect against debt that one spouse has acquired.
You’ll certainly get divorced if you get one
One of the negative ideas we associate with prenuptial agreements is that most couples who get one will definitely get divorced later. This is not true, it just means you like to be prepared in case anything happens. Also, it’s a good exercise on your marriage: if you feel like talking about money and assets is hard in a moment your relationship is good and that you are feeling romantic and open, imagine how hard it will be when you don’t have those things so fresh any longer.
A prenuptial agreement before marriage can be a way of setting things in order before you start this new chapter in your life. So, if you like to be prepared in case anything happens, don’t forget to contact your top Alabama lawyers to talk about it.