Once considered taboo, prenuptial agreements (prenups) are now widely recognized as practical financial planning tools. While they were once associated only with the ultra-wealthy, modern couples, from all financial backgrounds, are realizing their value. A prenup is not about anticipating divorce but about ensuring clarity, fairness, and financial security for both partners. By openly discussing financial expectations before marriage, couples can build a stronger foundation for their future together.
Below, our friends from Merel Family Law discuss common misconceptions about prenuptial agreements.
Common Misconceptions About Prenups
Despite their growing acceptance, many myths about prenups persist. Let’s debunk some of the most common ones:
“It means you expect divorce.”
A prenup is not a prediction of failure but a safeguard, much like insurance. Couples don’t buy car insurance expecting a crash; they do it to protect themselves just in case.
“Only the wealthy need them.”
Prenups aren’t just for millionaires. Middle-class couples, especially those with assets like homes, retirement accounts, or even future inheritances, can benefit from clearly defining financial rights.
“They’re not enforceable.”
When properly drafted with full financial disclosure and independent legal counsel, prenups are generally upheld in court. However, unfair or coercive agreements may be challenged.
“They cover child custody or support.”
Prenups cannot dictate child-related matters, as courts always prioritize the child’s best interests. They primarily address property division, spousal support, and debt responsibility.
Who Benefits Most From A Prenup?
While any couple can benefit from a prenup, certain situations make them particularly valuable:
- Business Owners – Protects a business from being divided in a divorce, ensuring continuity for employees and partners.
- Those Expecting an Inheritance – Keeps family wealth separate, preventing it from becoming marital property.
- Partners with Significant Debt – Shields the other spouse from assuming responsibility for premarital debt.
- Second Marriages – Clarifies financial obligations to children from previous relationships.
- Stay-at-Home Parents – Can include provisions for financial support if the marriage ends, recognizing non-monetary contributions.
- Key Provisions to Include in a Prenup
A well-drafted prenup should be tailored to the couple’s unique situation. Common clauses include:
- Separate vs. Marital Property – Defines what remains individually owned and what becomes shared.
- Debt Protection – Specifies whether premarital debts stay with the original borrower.
- Sunset Provisions – Causes the agreement to expire after a certain time (e.g., 10 years).
- Infidelity Clauses – In some states, these penalize cheating spouses financially (though enforceability varies).
How To Start The Prenup Conversation
Bringing up a prenup can feel awkward, but approaching it as a mutual financial planning tool helps. Strategies include:
- Framing It as Estate Planning – Emphasize protecting each other’s future, not just divorce scenarios.
- Discussing During Financial Planning – Include it in broader talks about budgeting, savings, and long-term goals.
- Mutual Benefit Approach – Highlight how it protects both parties, not just one.
- Independent Legal Counsel – Both partners should have their own divorce mediation lawyer or other qualified legal representative to ensure fairness and enforceability.
Prenuptials Provide Peace Of Mind
A well-drafted prenup, created well before the wedding, fosters financial transparency and trust. Rather than undermining a marriage, it provides peace of mind, allowing couples to focus on building their life together without financial uncertainties. Whether safeguarding a business, protecting an inheritance, or ensuring fairness for a stay-at-home parent, a prenup is a smart step for many modern couples.
By addressing financial expectations early, couples can strengthen their relationship, proving that love and practicality can go hand in hand.