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Common prenuptial agreement misconceptions and myths

On Behalf of | Oct 26, 2018 | Divorce, Firm News |

From selecting the cake to sending out invitations, there are many things couples in Nebraska have on their pre-wedding to-do list. Yet many soon-be-spouses fail to consider the possibility of including a prenuptial agreement as part of their pre-wedding plans. Part of the reason for this is because of some of the lingering misconceptions and myths associated with such agreements. For starters, it’s commonly believed signing such a document means a marriage is doomed. However, 86 percent of mental health professionals surveyed by a relationship site said this isn’t so.

Also contrary to popular belief, prenups aren’t only for instances where one party wants to protect their wealth should a marriage end in divorce. All types of assets can be included. Determinations can also be made with things like debt responsibilities, future alimony arrangements, and even who would get the family pet if the knot is untied. And while “anything” can be included in a prenup, stipulations that are unreasonable or clearly one-sided may be invalidated. Pre-marriage agreements can also go beyond divorce-related issues to cover estate planning details and financial expectations.

While there are many valid reasons why one party would be the first one to bring up the possibility of signing a prenup, it’s not a decision that should be made at the last minute. It’s entirely possible for the party who was asked to sign on the dotted line just days before the wedding to claim they felt pressured to do so if the marriage ends. Prenups also allow for some degree of flexibility – meaning the moneyed spouse is free to offer more than what was agreed upon to the lesser-earning spouse without invalidating the agreement.

Lastly, couples are advised not to forego turning to an attorney for help with prenuptial agreements. Many states require both parties to have legal representation, so prenups prepared without input from a lawyer may be tossed out by a court. A post-nup may also be signed after marriage. However, assets a couple acquired from the moment “I dos” were exchanged until an agreement is inked will still be considered marital property.