Zuba & Associates, P.C.

Benefits and detriments of a prenuptial agreement in divorce

No one wants to enter a marriage anticipating its collapse, but with half of all marriages in the U.S. ending in divorce, many people believe a prenuptial agreement may be helpful in protecting your assets should the marriage end badly. Of course, not everyone shares this opinion: some experts believe prenups should be the province only of high-asset divorce. Illinois residents should understand both sides of this argument before making a decision for themselves.

Some experts have been noted as saying prenuptial agreements represent a lack of commitment on the part of the involved parties. They suggest that if a person is not ready to potentially sacrifice his or her assets, that person isn't ready to marry to begin with. They also suggest that prenuptial agreements are more important when one spouse has considerably more financial assets than the other, and therefore, should be invested in protecting those assets.

On the other hand, several other marriage experts suggest that a prenuptial agreement buys peace of mind for both parties, regardless of their financial situations. They suggest open communication about financial assets, both as individuals and as a couple, can strengthen the marriage and also provide ground work should the marriage falter later on. A prenuptial agreement, they say, can ensure security for both parties if a separation occurs.

Divorce can be a complicated process, especially if emotions are running high. It is possible that a prenuptial agreement can assuage some of those concerns early on and account for possible later disagreements, but the prospect is not for everyone. Ultimately, it is the choice of any Illinois couple whether or not to seek out support to build a prenuptial agreement before marriage. Whether or not a prenup is signed, however, couples may benefit from additional support in arranging their finances in the event of a divorce.

Source: Huffington Post, "Prenup: Should You Get One? 'Fox & Friends' Gives Advice," May 9, 2013

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Zuba & Associates, P.C

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