One of the unsung heroes of family law that actually get lambasted and vilified unnecessarily are prenuptial agreements. There seems to be this common misconception that floats around our society that states prenups are nothing more than “divorce preparation” papers. Soon-to-be spouses from all walks of life tend to distance themselves from the idea of a prenuptial agreement because they’ve heard it is damaging to a marriage’s chances, that it shows that the person who suggests it doesn’t think the marriage will last.
In reality, the opposite is true. Wanting a prenuptial agreement isn’t betting against your own marriage, it is betting for your own spouse. When drafted correctly, a prenuptial agreement can protect all parties from unnecessary hardship should divorce arise. As many family lawyers will tell you, if your marriage was a kitchen, a prenuptial agreement is a fire extinguisher: you don’t want or expect to use it, but you will be so happy it is there in case you do.
What are the Benefits of Prenups?
A prenuptial agreement is all about planning ahead for the future, and no one ever regretted a little preparation. A main objective of prenups is asset protection. You and your spouse can both identity pieces of separate property that they believe are crucial to their livelihood in a prenup and set them aside, keeping them out of property division later on. If the conditions of a prenuptial agreement seem one-sided or unreasonable, a judge can always override it during divorce. To really take advantage of a prenup, think of both your and your spouse’s best interests as you write it.
Prenuptial agreements can also save you big when it comes to time, energy, and money. With an effective prenup in place, if you ever get a divorce, most of the legwork has already been done. Typically, only one court date is necessary to end a marriage that was prepared with a prenuptial, which directly translates to less money given to the court for its attention, a divorce that resolves quicker, and two ex-spouses that feel less stress and frustration. It can be a win-win-win.
As alluded to earlier, the usefulness of your prenuptial agreement hinges upon how well it is drafted. In order to make certain it is “airtight” and legally sound, you should work with Louisville family law attorney Louis P. Winner and our entire team of compassionate and knowledgeable legal professionals. Contact us online or call (502) 812-1889 to learn how we can help you create a prenuptial agreement that both you and your spouse will appreciate.