Prenuptial agreements, often simply referred to as “prenups,” have become a hot topic in modern times. Yet, despite their growing popularity, many people still harbor misconceptions about them. As a family law attorney, I want to shed some light on the basics of prenuptial agreements, their purpose, and the common myths surrounding them.
- “Prenups are only for the wealthy.”
While it’s true that many high-net-worth individuals opt for prenups, they can benefit anyone. They provide clarity on financial matters, which can be beneficial for couples of any economic background.
- “Getting a prenup means you expect the marriage to fail.”
Contrary to this belief, prenups are not a sign of mistrust or an expectation of divorce. Instead, they’re a practical tool for discussing finances openly and establishing a clear understanding before marriage. Think of them as a form of insurance – you hope you never need it, but it’s reassuring to know it’s there.
- “Prenups Can Address Any and All Issues”
While prenups can cover a broad range of topics, they cannot dictate terms for everything. For instance, issues related to child custody or child support cannot be predetermined in a prenuptial agreement. Also, any clauses promoting divorce or containing non-financial demands may be viewed as unenforceable.
- “Signing a Prenup Means You’re Giving Up Rights”
This is a misconception often fueled by stories of individuals who feel they received an unfair deal. A well-drafted prenup should be balanced, taking into account the rights and interests of both parties. If either party feels pressured or unsure about the agreement, they should consult with their own attorney.
Contact us today for a free 30-minute consultation to determine if a prenup is right for you. 📞💍✍🏼