The numbers lead asset-heavy couples consider their protection in case the marriage should end. They should avoid the pains of suing a former partner and see him walk away with half of the estate. It is a fact that divorce has financial repercussions, aside from the emotional trauma that go along with it. The prenup can save you from that horrible and painful headache.
If both of you decide for a prenup, you should be open about the process. There is too much emotions at stake here because it looks like you are planning not only for your marriage but also for your eventual divorce. In the first place, the prenup discusses how the assets would be distributed in the event of a divorce.
Both parties should be ready to deal with the (feeling of) lack of trust that go along with the prenup. Marriage is intended to be a lifetime relationship but the numbers indicate that more and more couples prefer safety than sorry.
The prenup protects property rights. It determines financial responsibility at the end of the marriage. If one of the parties is proven infidel during the marriage, the prenup may contain forfeiture of property rights or spousal support. The prenup also protects personal rights. The children should be protected about who should take care of them once the marriage ends.
The prenup, however, does not allow provisions that violate laws. Depending on state laws, spousal and/or child support provisions may not hold up in court. Undisclosed properties may not be covered by the prenup that is why it is required that both parties be truthful. The parties should also enter into the prenup agreement voluntarily.
The prenup looks like a short term agreement for a relationship that is supposed to be forever. Since marriage is a serious matter, the most serious question should be answered: Am I ready to live with this person forever? If you can honestly answer “Yes,” you do not need a prenup in the first place.