Do Prenuptial Agreements Encourage Divorce?

Do Prenuptial Agreements Encourage Divorce?

More and more people are signing premarital agreements, but many still worry that a prenup might increase the chances of a future divorce. Never hesitate to meet with Aurora prenuptial agreement lawyers about how these agreements work.

Prenuptial agreements are much more popular than they used to be. Many future spouses realize how such a safety net could serve their interests in the future if their marriage dissolves. However, many others are hesitant when it comes to signing on the dotted line before their wedding. They are worried that prenups might encourage divorce.

One frequent concern that steers people away from drafting a prenup agreement or meeting with Aurora prenuptial agreement lawyers is the fear that it encourages divorce. Is this a justified fear? The answer might be found in the dynamics of the couple and the specifics of the prenup.

Understanding Prenuptial Agreements

A prenup agreement is a written legal contract that both spouses willingly enter into before the marriage. A prenup:

  • Lays out a plan for what will happen to assets
  • Provides for children from previous relationships if the couple ends up divorcing
  • Details each spouse’s responsibilities during the marriage
  • Might also include a waiver of alimony  

However, prenup agreements can’t direct issues such as child custody or child support. They must be reasonably fair, and one spouse can’t be forced or threatened into signing the prenup. A judge can choose not to enforce a prenup that doesn’t follow these requirements. 

Will Your Prenup Agreement Increase Your Chances of Divorce?

Generally, a couple that will eventually dissolve their marriage will do so whether they have a prenup or not. Divorce happens for numerous reasons, and most of the time, these issues already exist; they aren’t the result of a prenup agreement. 

There are, however, some situations involving prenups that can encourage a divorce. For example, one wealthy spouse is head over heels in love with the other and wants nothing more than to walk down the aisle. The other spouse has little wealth and insists on a prenup. They draft the prenup, including a provision that no matter what, they get 60 percent of the couple’s total assets no matter when those assets were acquired. The wealthier spouse would only receive 40 percent. As such, the spouse drafting the prenup comes into the marriage with little wealth but leaves with 60 percent of the couple’s entire wealth if they divorce. 

Unfortunately, in these situations, the less wealthy spouse exploits the other spouse’s dedication and romantic feelings for their own financial gain. Even though the more affluent spouse understands the prenup agreement and enters into it willingly, they might not be thinking clearly.

When drafting a prenup, it is important not to include anything that accidentally seems to encourage divorce. This situation is a prime example of one that promotes divorce. Each spouse should have their own Aurora prenuptial agreement attorneys who can help them reason and understand what they agree to in the prenup. 

Questions about Prenup Agreements? Call Our Experienced Aurora Prenuptial Agreement Lawyers 

Just like any legal agreement, each spouse should understand the prenup agreement and its implications on any potential post-divorce life they may have. Seasoned Aurora prenuptial agreement lawyers can help ensure that you draft a sound agreement that doesn’t promote the dissolution of your marriage.  

Call the Aurora prenuptial agreement lawyers at CNL Law Firm, PLLC today to learn more. We can be reached at (720) 370-2171 or use our online form.

 

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