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Might a marital contract make good sense in your marriage?

Many articles on marital contracts these days (prenuptial and postnuptial agreements) get straight to the point stressing a couple important details.

Here’s one: Contrary to a longstanding and lingering belief, such agreements hardly merit a conclusive view that their execution dooms romance and an otherwise successful marriage from the outset.

In fact, many couples find that focusing on and following through with execution of a marital contract promotes certainty and stability. Discussing the rationale and merit for a prenup or postnup and timely crafting a tailored strategy relevant to future contingencies often averts rather than engenders marital conflict.

And here’s that other point: It is a widespread misconception that marital agreements only make sense for fabulously wealthy spouses holding a treasure trove of high-value assets.

Candidly, a prenuptial agreement executed before marriage or a postnuptial agreement inked following betrothal makes solid sense for a diverse demographic. Here are some examples of what a marital contract can do:

  • Shield one spouse from the significant pre-marital debt (e.g., student loans) of the other
  • Safeguard inheritance rights and future benefits that might flow from a family business
  • Ensure intended safeguards applicable to children from a prior marriage
  • Generally enhance communication on money matters during marriage and prevent acrimony that might otherwise ensue in a divorce

The decision to draft a prenup or postnup agreement is of course highly personal and dependent on the specific facts of a given case. A positive first step that many couples can take is to consult with a proven family legal team and become educated concerning the process and potential benefits of contract execution.

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