Do you have health insurance because you plan to get ill? Of course not. You have health insurance to protect yourself in case you become ill or injured. Without insurance, you may face greater financial burden or take risks for your health.
Prenuptial agreements are a lot like insurance against a divorce. Having a prenuptial agreement doesn’t mean you intend to eventually divorce but divorce happens for many reasons and you never know what can happen in the future.
Having a prenuptial agreement can prevent you from financial or property loss by excluding certain possessions from a court considering them marital property. A court considers marital property as possessions acquired during the marriage with a few exceptions. Without an agreement, you may lose assets like homes, motor vehicles, and even your retirement account.
Asking for the prenup
Did you know that nearly one-third of attorneys in the last five years claimed an increase in prenuptial agreements? What was once taboo is becoming more common as more people look to prevent themselves in the event of their divorce. However, advice on asking for a prenup doesn’t happen often and may seem uncomfortable. A few approaches to take include:
- Explain why you believe it’s a good idea. Experts across the board universally reject the idea of deflecting the blame to your parents. This is your partner and you should explain to them your personal reasons for wanting the prenup.
- Remind them they can benefit too. Just like you want to keep assets as separate property, your partner may too. Drafting a prenup allows both of you to claim the property you would receive in a divorce.
- Because you’re happy. The honeymoon stage is often the most joyous phase of a marriage and what better time to have the discussion than when you’re happy? Ask your partner if they would be fairer now or during a divorce. Chances are both of you are kinder at the beginning of your marriage.
Marriage is a big decision that is not without risk. A prenup is a way that can protect you and your partner from that risk. While the idea of suggesting a prenup is initially uncomfortable, both of you could regret not having one in place someday. It may be better to have the prenup and not need it.