3 Frequently Asked Questions About Prenups

Chantale Suttle • March 22, 2022
Two lesbian brides hold hands while standing on the beach in wedding gowns.

Nobody enters into a prenuptial agreement thinking that they will one day need to use it, but the reality is that almost half of all marriages in the United States end in divorce.

 

If you are considering getting married, it is important to ask yourself some tough questions before signing any documents. In this article, we will discuss four of the most frequently asked questions about prenups.

 

1. What is the Purpose of a Prenup?

The first question you should ask yourself is what the purpose of a prenuptial agreement is. A prenup is a legal contract that outlines how assets will be divided in the event of a divorce.

 

For example, if you own a house before getting married, you may want to put it in your name only so that it is not considered marital property and would not be subject to division in the event of a divorce.

 

Some people believe that prenuptial agreements are only for wealthy individuals or celebrities, but this is not true. Anyone can benefit from having a prenup, regardless of their financial situation.

 

2. Is There Any Bias in the Prenup Agreement?

The second question to ask is whether or not there is any bias in the agreement. This can be a difficult question to answer, but it is important to make sure that both parties are treated fairly in the event of a divorce.

 

For example, if one spouse has significantly more assets than the other, they may want to consider creating a prenup that protects their interests in case of a divorce.

 

It is also important to make sure that any children from previous relationships are protected in the event of a divorce. If you have children from a previous relationship, you will want to make sure that they are provided for financially in the event of your death or divorce.

 

3. What are the Risks if I Don’t Sign It?

The third question to ask is what the risks are if you don’t sign a prenuptial agreement. One of the biggest risks is that your assets may not be protected in the event of a divorce.

 

Without a prenup, you could risk your stocks, royalties, and other assets from being equally distributed according to the laws of your state. Another risk is that your alimony could be higher if you’re wealthy and don’t sign a prenup, leaving payments at the hands of a judge if your divorce does not end amicably.

 

Alimony is financial support that one spouse pays to another after a divorce. Signing a prenup can stipulate certain conditions that can make your alimony payments lower in case of divorce.

 

Are You Contemplating a Prenup?

If you have any more questions about signing a prenup, we recommend talking to an attorney. At Just Prenups Law Firm, we can review your specific circumstances and give you tailored legal advice.

 

Keep in mind that every situation is different, so please schedule a consultation with us if you have specific questions about your own case.

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