Prenuptial Agreements

In its broadest sense, a prenuptial agreement spells out how property and finances will be divided if a marriage ends in divorce. Prenuptial agreements may also address the issue of a marriage ending in the death of one of the spouses.

Prenuptials are often characterized as unromantic because they specifically address the ending of a marriage. While that may be true, proponents of prenuptial agreements say that they take the pressure off the couple and help ensure that the two people are marrying for love, not for money. Proponents also point out that parties that would stand to lose more financially in divorce no longer feel the pressure to leave the marriage quickly if they feel assured that trying to make the marriage work will not impact them financially. Thus it gives a couple the freedom to focus on each other and not their "stuff."

The Benefits Of Prenuptial Agreements For Alpharetta Couples

Prenuptial agreements are uncommon among couples who marry at a relatively young age or with very few assets or no children. However, when couples are marrying later in life, circumstances surrounding the marriage may be much more complicated. There may be:

  • Big differences in the assets and/or property they have at the time of the marriage
  • Children from prior marriages or relationships

  • Health conditions

  • Age discrepancies

All of these circumstances can make the prospect of getting married again quite scary and can take the romance right out of the relationship.

With divorce rates being even higher for second and third marriages than first marriages, a prenuptial agreement that gives the new couple some promise of an easy division of "stuff" if things don't go as planned can actually be helpful to the success of the marriage. A prenup can also help other family members relax and keep from worrying what will happen if things don't work out or if an illness overtakes the mental capacity of one party, etc. Granted, prenups aren't the stuff of fairy tales, but they are very practical in today's world.

The courts will usually liberally construe a prenuptial contract and will carry it out as both parties intended.

If you are considering creating a prenuptial agreement or need to enforce one due to a separation or a divorce, call Hecht Family Law In Alpharetta at 678-926-9234 and let's discuss your case.