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Debunking Common Myths About Prenups

Schwei & Wendt, S.C. Sept. 4, 2020

Prenuptial agreements – or prenups – don’t have the best reputation in pop culture. After all, marriage is about vowing to spend your life with one person. No one wants to plan for their divorce before they even tie the knot. But the reality is, a lot of unforeseen problems can arise over the course of a marriage. It’s best to work out your worst-case scenario plans now before your lives become too intertwined.

Here are four common myths surrounding prenuptial agreements and the facts behind them:

Myth: Signing a Prenup Means You’ll Get Divorced.

Many people worry that asking their partner to sign a prenup will jinx their marriage or signal to the other person that they think divorce is inevitable. According to 86% of mental health experts, signing a prenup before tying the knot has no predictable impact on marriage concerning a couple’s likelihood of divorce.

Myth: You Only Need a Prenup if You or Your Partner Is Wealthy.

People tend to associate prenups with the ultra-wealthy and assume they probably don’t need one if they don’t have significant wealth to their name. The truth is, prenups can be beneficial to any couple regardless of their net worth. A prenup is a contract that serves to prevent disputes over all marital assets in the event of a divorce, including things like your pet or even your debt.

Myth: You Can Wait Until the Last Minute to Sign a Prenup.

If you decide that a prenuptial agreement is the right move for you and your partner, it’s a good idea not to wait until the last minute to sign the dotted line. According to Business Insider, no prenup is ironclad in the eyes of the law. If one party argues that they signed the agreement under coercion or duress, it can invalidate the prenup. Signing the contract right before your wedding could suggest your partner was coerced into the deal.

Myth: You Can Always Sign a Postnup if You Get Married without a Prenup.

If you didn’t sign a prenup before getting married, you and your spouse could sign a postnuptial agreement to acquire some protection. However, it’s essential to keep in mind that the longer you wait to sign a postnup after getting hitched, the more complicated the process will be. The court views assets or wealth you acquire after getting married without a prenup as marital property.

Prenuptial agreements may not scream romance, but don’t let common misconceptions prevent you and your spouse from protecting your property. The truth is prenups can be beneficial to every marriage.