Why would you ever sign a prenuptial agreement? That’s a product of our divorce prone society isn’t it? Not exactly. Despite the persistent belief that prenuptial agreements exist because our society is prone to divorce – prenuptials have been in place for centuries. They may not have been agreements that were designed for the eventuality of divorce – but they were more in line with the idea of a marriage contract.
Setting the Terms of the Marriage
For centuries, marriages were arrangements made between families. The negotiations often involved detailing the specifics expected on both sides of the aisle up to and including how many children were expected and when. This was considered crucial in a time period that children were a product of the marriage especially when land was a consideration.
Marriage contracts were also integral to deciding what happens to the wife if a husband were to die. Remember, inheritance laws did not always take into account that the wife was the sole inheritor of a husband’s estate unless provisions were made for it beforehand. If the wife brought land into the marriage, then a marriage contract might stipulate that the land was hers or reverted to her family if she were divorced, set aside or expired without children of her own.
Why A Prenuptial Does Not Mean You Are Planning a Divorce
In the modern day, it is far more common for men and women to have extensive financial resources and holdings. A prenuptial agreement allows them to protect themselves in the event of any unforeseen circumstances. This also allows for the protection of assets acquired as a direct result of the marriage.
Modern prenuptials may also include what custody arrangements are to be made even before children are a factor. A prenuptial agreement does not mean a divorce is expected so much as it is a reasonable financial and resource management tool that allows couples to clearly state their expectations. This safety net can provide a sense of security for both parties where the marriage is concerned and in some cases, it can even provide the incentive to work out issues rather than just separate over them.
So should all couples have a prenuptial agreement? It’s entirely up to the couple in question. If assets are a question, then a prenuptial may provide a couple with security that they are marrying each other for the right reasons and not for financial gain. Sadly, this may be a vital necessity – especially when dealing with power couples who have a great deal of financial and physical assets.
So consider that a prenuptial agreement is designed to cement the foundation of a couple’s relationship before they take a plunge. From this point of view, a prenuptial agreement is dedicated to the longevity of a relationship and to the life they are building rather than to the lives they could hold if they don’t work out.