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Will Signing a Prenup Make Me More Likely to Divorce?

If your significant other asks you to sign a prenuptial agreement, it can be easy to feel that this means he or she does not have faith in your marriage. After all, marriage is meant to be “till death do us part.” But the reality is that couples get divorced every day and every divorce involves some type of property distribution.

Having a prenuptial agreement in place can make your property distribution easier if you choose to end your marriage later. It can also make the distribution of your assets easier after your death if you have intended beneficiaries other than your spouse, such as your children from a previous marriage.

The Data is Mixed

On the internet, you can find article to support any argument. Unsurprisingly, you can find many pieces saying that signing a prenuptial agreement does make a couple more likely to divorce. But screen what you find carefully because often these articles do not have data to support their claims or might only tell part of the story. You will find just as many contradictory reports, especially when you are searching for information about a potentially controversial topic. Some researchers find that prenuptial agreements actually strengthen marriages because they provide a sense of certainty about what will happen in the event of a divorce or one party’s death.

How You View Your Prenuptial Agreement Affects the Likelihood of Divorce

Articles against and in favor of prenuptial agreements agree on one thing: a couple’s perception of their prenuptial agreement, their marriage, and the possibility of divorce will affect their likelihood of divorce. If a party enters a prenuptial agreement grudgingly and assumes that the agreement means his or her spouse is less committed to the marriage, that individual will probably be more likely to consider divorce when conflicts arise in the marriage. In contrast, a couple who agrees about their prenuptial agreement might be more likely to compromise and work together, which can help them repair issues in their marriage that would drive other couples to divorce.

Think of a Prenuptial Agreement as a Safety Precaution

There is not enough substantial data to say definitively whether prenuptial agreements are correlated with divorce. Whether you get divorced or not will depend on the conflicts that arise in your marriage and how you and your partner approach them. In the event you do get a divorce, having a prenuptial agreement in place can save you time, money, and heartache by eliminating the need to have the court work through your asset pool and distribute it for you.

Work with an Experienced Divorce Lawyer

Before you get married, educate yourself about all of the legal changes that come with marriage. Consider signing a prenuptial agreement to create guidelines for the distribution of your assets upon your death or your divorce as well as for the use of funds and investments during your marriage. To learn more about prenuptial agreements, contact Moen Sheehan Meyer, Ltd. today to set up your initial consultation with a marital lawyer at our firm.

Published July 4, 2017
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