Before getting married, drafting a prenuptial agreement may take some of the romance out of your relationship. So is taking the time and trouble to create one really worth it if you should divorce?
While there are a lot of scenarios under which a prenup does not work, far more often than not, it does the job a couple intends it to do.
What goes into a prenuptial agreement?
The main function of a prenup is to decide how you and your spouse want to divide property, assets and debt before they become a contentious issue. If you choose to split everything down the middle, then the prenup will memorialize it and make that part of a divorce simpler.
A prenup is especially useful if you want to establish who owns what before the marriage. This means anything categorized in the prenup as separate property will not become subject to division in a divorce. The exception is if, at some point, the sole owner decides to comingle it with marital funds or assets.
Does a prenup always work?
You cannot include another very volatile element of a divorce in a prenup: children. Whether you have children together before you tie the knot or have them many years later, a prenup cannot address child custody or support. A prenup is also not always immune to challenges during a divorce. If you or your spouse decide that something was unfair or your circumstances have changed considerably, a judge can throw out some or all terms of a prenup.
While it may not prove romantic or ironclad, a prenup may come in handy should you divorce.