Results-Oriented Family Law Representation

  1. Home
  2.  – 
  3. Uncategorized
  4.  – Is a prenuptial agreement only useful for ‘the wealthier spouse’?

Is a prenuptial agreement only useful for ‘the wealthier spouse’?

On Behalf of | Feb 24, 2024 | Uncategorized

Social attitudes about prenuptial agreements have slowly but steadily changed in recent years. People are less judgmental of those who signed prenuptial agreements now. In many cases, engaged individuals are less likely to question a fiancé’s commitment to the relationship when they propose drafting an agreement now than they may have been in decades prior.

However, certain myths about prenuptial agreements still interfere with their use by those who might benefit from them. One of the more common myths is the idea that a prenuptial agreement only benefits the wealthier spouse in the relationship by protecting their assets and income. This can leave those who are knowingly marrying someone in a better financial position worrying about the fairness of an agreement.

Is it true that only one spouse drives genuine protection from a prenuptial agreement?

Unbalanced contracts are unenforceable

The idea that a prenuptial agreement only benefits the wealthier spouse contradicts current rules related to prenuptial agreements and contract law in general. There are numerous legal requirements for a prenuptial agreement or other contract to be valid and enforceable in court.

Drafting an unconscionable or highly imbalanced agreement might mean that the contract ultimately does not offer much protection to either spouse. During a dispute about a prenuptial agreement, the courts typically review the contract and the protections that it extends to both parties. They could invalidate the documents as an unconscionable agreement if the prenuptial agreement solely or primarily benefits one spouse.

Each party to a prenuptial agreement should derive a degree of protection from the contract. If it only protects the income and assets of one spouse from claims made by the other, then the courts are unlikely to uphold that during divorce proceedings. Each spouse should be able to request certain protections and concessions in a prenuptial agreement. Oftentimes, it is also necessary to have each spouse work with their own lawyer before they can sign an agreement, to better ensure that it is fair to both parties and enforceable in the event of a future divorce.

Negotiating terms that are mutually favorable is an important part of drafting a prenuptial agreement. And, at the end of the day, learning the truth behind common myths about prenuptial agreements may make people feel more comfortable about signing a marital contract.