Prenuptial agreements are a legal tool designed to protect the assets of both spouses prior to getting married. They outlined how certain assets should be divided in the event of divorce.
Prenuptial agreements are often spoken of negatively, as a sign of mistrust and greed. Nonetheless, statements like this are often based on stereotypes and misconceptions. It is important to address these.
Outlined below are some of the more common misconceptions about prenups.
Prenups are unenforceable
One common misconception about prenups is that they will not be enforced in court. Prenups are legally binding contracts. Thus, if they have been drafted according to state laws, then they are enforceable.
The only occasions where a court will not enforce a prenup is if they were created and signed under duress, not created in line with the law or contain manifestly unfair terms. This is not exclusive to prenups. All contracts can be invalid under these conditions.
Prenups mean a weak relationship
Another common misconception about prenups is that they are a sign of a weak relationship. Prenups are often assumed to mean that spouses do not trust one another. In many cases, the opposite is true. Prenups mean that spouses are open and honest about finances. Something that many married couples lack.
There are many benefits to prenuptial agreements, such as the way they protect the interests of both spouses. They also encourage honest conversations and build trust.
Prenuptial agreements are something that all couples should think about before marriage. With accurate information, couples can at least make an informed choice. To find out more about prenups and other legal tools, it may benefit you to seek some legal guidance.