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What are the benefits of negotiating a prenuptial agreement?

On Behalf of | Mar 24, 2025 | Family Law

Prenuptial agreements are contracts between engaged individuals that they negotiate before getting married. A generation ago, prenuptial agreements carried significant social stigma. People associated them with the especially wealthy and with those who expected their marriages to end in divorce. As

As society has become more accepting of divorce and changing family dynamics, the negativity surrounding prenuptial agreements has largely subsided. Many people no longer feel offended or concerned if their fiancés suggest prenuptial agreements. Instead, they may be open to the idea because the contract they draft could be mutually beneficial.

What are some of the selling points that can help one fiancé when they propose a prenuptial agreement to their intended spouse?

Establishing a strong marital foundation

Couples often assume that they share the same vision and values in the early stages of a relationship and even as they prepare for marriage. Instead of talking about issues such as whether one spouse might stay home to raise the children or how they may address career moves that could take them across the country, they enter into marriage without clarifying those key issues.

Later, they may end up embroiled in frustrating conflicts because they do not actually share expectations and values with their spouse. Discussing expectations and standards for the relationship before marrying can help ensure that spouses do not become frustrated and disappointed by the marital dynamic.

Reducing divorce conflict

Prenuptial agreements often discuss what might happen in the event of a divorce. Either spouse might earmark certain resources as their separate property. Specific arrangements regarding property division and financial support are common prenuptial agreement inclusions.

The decision to establish those standards ahead of time can protect couples from litigious, stressful divorce proceedings. They have already set the terms for the divorce, so if the marriage fails, divorce can be less adversarial and more private. In some cases, knowing what might happen in the event of a divorce might deter people from filing frivolously when the marriage is potentially still salvageable.

Those who want to start their marriage in the best position possible may need to consider negotiating a prenuptial agreement before their wedding. Marital contracts offer potential benefits to both spouses, including a healthier dynamic and protection from an expensive, embarrassing divorce, should one occur.