As marriage is widely considered the truest form of love and commitment, the idea of drafting a prenuptial agreement can be a delicate subject to many couples. Just acknowledging the possibility of an eventual divorce can spark heated debates or feelings of uncertainty. However, with some thought and research, you will be able to see why drafting a prenuptial agreement is ultimately worth it.
The Benefits of a Prenuptial Agreement Outweigh the Disadvantages
First and foremost, if you take the time to create a prenuptial agreement with your soon-to-be spouse, you will both likely experience an immediate sense of relief. Knowing that some sort of “back-up plan” is in place can lift a general feeling of uncertainty off your shoulders and allow you to confidently start looking towards your future together.
The practical benefits are just as important, though. A proper prenuptial agreement will keep your finances and particular pieces of property separate from one another’s.
Common examples of assets to be set aside for your sole ownership include:
- Family heirlooms
- Private businesses
- Family-owned houses
- Personal savings accounts
Being able to easily distinguish your possessions from your spouse’s might even be beneficial while you are married for tax purposes. This is especially true if you or your loved one has any outstanding debts. A prenuptial agreement can steer creditors towards the one who initially owed them money and no one else.
You must also consider a prenuptial if either of you has any children from previous relationships or marriages. With this documentation in place, you can make sure that they each get their fair share of property upon your passing, and not some amount that would be altered should you divorce.
Keep Your Chin Up On the Way Out
If you do decide to dissolve your marriage, things can get complicated in divorce court as you and your ex try to win pieces of your shared estate. With a prenuptial agreement in place, however, you will find that everything can go much smoother. Everything is already written out as to who gets what and why, so the odds of an uncontested divorce are drastically increased. This means less time in courtrooms and lowered costs of litigation.
More than anything, when things are kept calm during your divorce due to a prenuptial agreement, you will find that you can leave with respect for one another. Being able to save some face and spare you both of potential headaches could very well be the biggest benefits of them all.
If you want help drafting a prenuptial agreement – or even a postnuptial agreement – consult with a Long Island divorce lawyer from Hedayati Law Group, P.C. today. With more than 80 years of combined experience dealing with all manners of family law cases, you can be sure that we can support you with both compassion and professionalism.
Start right now with a free initial consultation!