Why create a pre nup
Photo by Pettit Photography

As a Divorce attorney, I find many stressful situations can be avoided by taking a proactive and financial view of a marriage combined with love, a religious commitment and the concept of building a life together.

In this particular time in history the uniqueness of a family spans from people getting married later in life, couples getting married for a second time, couples blending families with children from a variety of other situations. In these dynamic family structures, a pre-nuptial agreement should be a consideration.

What is a pre-nup?

A pre-marital agreement (“pre-nup”), or in some circumstances a post-marital agreement ( “post-nup”), is meant to be documented agreements addressing financial situations coming into the marriage, in case or separation or divorce.

Essentially a Pre-nup is an insurance policy for the financial aspect for your marriage. Just as we don’t expect to die when we buy life insurance, we don’t plan to divorce as we are about to get married.

Here are 6 reasons for choosing a pre-nuptial agreement.

  • If you have Property that should remain separate regardless, for instance, family property.
  • Have a separate business you don’t want commingled into the marriage.
  • There is an inheritance or expected inheritance you want to keep separate.
  • If you want to keep bank accounts or some finances separate.
  • If you plan to purchase property together, how do you want to handle it?
  • Are there parameters for marriage dissolution after so many years?

Divorce can be a long and bitter battle and usually over finances.  It is my suggestion to work out the financial details first, so if anything happens the transition, and the divorce are less painful from the financial aspect, at least.

By not considering the financial aspect of your marriage, you are leaving out a major part of being a couple and making decision together.

Discussing pre-nups with couples is tricky because for many people, marriage is a religious commitment and you are in love and everything is wonderful.  However, should the idea of divorce enters into the relationship that’s when you realize marriage and divorce are also financial transactions.

Understanding this on the onset of the relationship gives you peace of mind throughout the relationship knowing you made the best decisions possible when you cared deeply about the other person and made decisions, good for both of you.

Give yourself some security by discussing the finances before you get married so at least if something goes wrong you don’t have to fight and stress about this part of the relationship.

If you have any questions or concerns please call us at 720-722-0776 or Email Us

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  1. August 23, 2013

    Great points Teddi Ann. A leading causes of divorce is conflict over money issues. It is not unusual to deal with investors who feel their spouse is imprudent with money. Many of these same clients are forced to hand over their hard earned assets in a divorce to that same “imprudent” spouse merely because they didn’t want (or were scared) to bring up the subject up of a pre-nup before getting married. A wise businessman never goes into a financial transaction without a backup plan in case things don’t go as expected. As Teddi Ann says, a marriage is both a religious and a financial transaction so it pays to be prudent and sign a pre-nup (if your financial situation justifies it), just in case things don’t go as planned.

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