For the longest time, there has been such a negative stigma around prenuptial agreements- with people assuming if their partner wants a prenup then they are thinking a divorce is bound to happen, that they don’t trust whoever they are marrying, or that they are super greedy with what is theirs. The reality is that having a prenuptial agreement is really just a proactive decision just in case. Here are six reasons why you shouldn’t be scared to have a prenup in place.
Spook Free Benefits of Prenuptial Agreements
- Encourages Open and Honest Conversation
First and foremost, talking about a prenuptial agreement with your fiance doesn’t have to be spooky! In fact, it can help promote some really vulnerable (yet beneficial) conversations with your soon-to-be spouse. A common misconception is that if one partner initiates wanting to have a prenuptial agreement then that automatically makes them suspicious, cold, or lacking any romance, but that couldn’t be farther from the truth, in most scenarios at least.
When you are engaged to be married, it is no secret that a lot of focus and effort goes into wedding planning and all the festivities surrounding the big day. Talking about your own prenuptial agreement allows you and your fiance to take a step back from all the planning, and really hone in on what is most important for the both of you regarding your future.
It is also important to remember that having a prenuptial agreement doesn’t mean either party expects a divorce at any point. Instead think of it as “marital insurance”, just like regular insurance, you hope you don’t have to use it, but if you do you are grateful to have it.
If you personally have been asked to create a prenup, or you want to talk about it with your partner, take a look at this blog, breaking down the reasons why having a prenuptial agreement isn’t intended to upset anyone.
- Financial Transparency
It doesn’t really matter who you are talking to, the reality is that the topic of finances can make for a stressful and uncomfortable discussion. But guess what, it doesn’t have to be that way! Let’s talk about financial transparency and how that looks when it comes to prenuptial agreements. Financial transparency is exactly as it sounds, being transparent (open and honest) about all things relating to money- which includes any acquired debt, your credit score, investments, assets or inheritance, savings, and short-term/long-term goals. Wow, that is a lot to think about for yourself personally, let alone sharing all that information with someone else. Thankfully, if you are thinking about a prenup that likely means marriage is looming and you are ready to share your life with someone you love and hopefully you are willing and able to discuss all of these things.
Research consistently shows that the number one thing couples argue about is you guessed it, money. So how does this relate to prenups? Great question. One of the best benefits that comes along with getting a prenuptial agreement before you get married is that you are setting yourself up for financial protection should things ever go south in your marriage. This is done through something called a financial schedule. This is such an important part of a prenup, that allows both parties to fully disclose anything and everything relating to money.
Here are a few things that are included in a financial schedule, of course these things can vary from couple to couple.
HelloPrenup’s form specifically allows for you to disclose up to three years of income.
- Real Estate
This includes not only your own residence, but any properties you may own as investments.
- Business Interests
Do you own your own business? Are you a partner in a business? This is information you don’t want to exclude from your prenup.
- Bank Accounts
Be sure to disclose any information regarding your checking and savings for any bank account you currently have open.
- Investments and Retirement
Give as much detail as possible to what investments you have, and be sure to include what you are contributing to your retirement fund (if you have one).
If you know you will be receiving any sort of inheritance down the road, it is important to include what you can in your financial schedule.
- Protects Generational Wealth and Inheritance
As you can see above, the subject of inheritance was briefly mentioned as something to include in your financial schedule. Now let’s take a deeper look into exactly how having a prenuptial agreement can protect your generational wealth, and any current or future inheritances.
When it comes to inheritance, each and every state views this differently. Some states view any sort of inheritance as separate, and some may view it as martial, therefore having a prenuptial agreement will ensure if you and your spouse ever split, your inheritance is taken care of exactly how you choose. Any assets you may have already acquired prior to marriage can be defined as “non-martial”, and should be included in your prenuptial agreement in order to avoid any conflict or disputes should a divorce happen in the future. If you are interested in knowing more about how a prenuptial agreement can protect you and your assets, take a look at this blog for a more in depth explanation.
You’ve likely heard this phrase before, “they’re just not in it for the right reasons”. When it comes to falling in love with someone and considering marriage, you never want to assume you are being used or that they have an ulterior motive, especially if you are someone who comes from a lot of money, or you are expected to inherit any large sum from family in the future. Having a prenuptial agreement in place can help to ensure your spouse-to-be is in fact marrying you for you and not your money.
Prior to considering having your own, you may have only associated prenuptial agreements with celebrities and the uber wealthy. Many couples in the limelight have been very open about their prenuptial agreements, some have majorly reaped the benefits of this sacred document and whereas some are still happily married despite having their own prenup tucked away for safekeeping. The most recent celeb prenup is said to be “the mother of all prenups” and the proud owners of that title are Brooklyn Beckham and Nicola Peltz.
Take a look at some other famous prenups.
- Saves You Time and Money
As if getting divorced isn’t enough of an emotional rollercoaster, just imagine that whole process being dragged out due to constant disagreements and back and forths. To make things even more stressful, getting divorced is expensive thanks to legal fees and money spent on lawyers. As mentioned previously, the intent is that when you get married you’ll never have to refer back to your prenuptial agreement, but that doesn’t mean you should forgo having one. Should you ever split from your partner, having a carefully thought out prenuptial agreement will save you a lot of angst, time, and money because you will already have your ducks in a row, so to speak.
- Override State Divorce Laws
When it comes to prenuptial agreements, it is not a “one size fits all” approach, and the same is true for whichever state you are creating your prenup in. While every state honors prenups, the laws regarding them can vary greatly. Generally speaking, during the process of getting a divorce, the law follows generic guidelines, for example a clean 50/50 split. A major benefit of having a prenuptial agreement is that your prenup can override these typical state divorce laws, because you and your partner have already agreed on what should take place in this very situation. In order to make sure your prenup will be valid in your specific state, be sure to refer to the STATE tab that can be found on HelloPrenup’s homepage.
- 100 % Customizable
The final reason having a prenuptial agreement is anything but spooky is because they are 100% unique to you and your partner. It is probably safe to say that there are no two prenups alike, because every couple is coming to the altar with different wants, needs, backgrounds, and financial stories. You have the power to make sure your prenuptial agreement is exactly what you need it to be. In fact, there are a ton of different clauses you can choose to include in your prenuptial agreement if they are applicable to you and your fiance. If you’ve been questioning whether or not a prenup is really worth it in your relationship, take this as your sign that it totally is. Go ahead and make it what you want it to be.
If you are looking for a little fright in your life during this spooky season, prenuptial agreements aren’t it! There are so many benefits to having a prenup in place before you and your fiance say “I do.” Remember, just because you have a prenuptial agreement doesn’t mean you are destined for divorce. Just think of it as a document that will protect you and your partner should things ever go south.
Our team at HelloPrenup is ready to help you and your fiance get started with your prenup today. If you are ready to take the next step, here is everything you need to know to get the process started.
Nicole Sheehey is the Head of Legal Content at HelloPrenup, and an Illinois licensed attorney. She has a wealth of knowledge and experience when it comes to prenuptial agreements. Nicole has Juris Doctor from John Marshall Law School. She has a deep understanding of the legal and financial implications of prenuptial agreements, and enjoys writing and collaborating with other attorneys on the nuances of the law. Nicole is passionate about helping couples locate the information they need when it comes to prenuptial agreements. You can reach Nicole here: [email protected]