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It doesn’t mean you want a divorce if you ask for a prenup

On Behalf of | Jul 7, 2022 | Family Law |

Many times, people admit that they want to use a prenuptial agreement, or a prenup, but they refuse to ask their partner for one. They’ll say that their future spouse would be very offended. They may even end the marriage before it gets started. For this reason, they decide not to get a prenup entirely.

This conflict between partners sometimes happens because of the mistaken assumption that someone who asks for a prenup already wants a divorce. They’re already thinking about ending the marriage, and they are not even married yet.

But this is certainly not the point of a prenup. It absolutely does not mean you want a divorce just because you ask for one.

Statistical analysis

Instead, one of the most compelling reasons to use a prenup is just to look at the statistics. Marriages in the United States often fail. Although people tend to say that 50% of marriages end in divorce, this may not be entirely true. But even if the number is more like four out of 10 or even three out of 10, divorce is fairly common. The highest rate ever recorded was 41% in the United States.

You don’t want that to happen to you, but you also understand that it is possible. If you do get divorced in the future, you may be worried about losing certain assets. You may not be so certain about your financial future. You may have things, like a business or an inheritance, that you do not want to go to your ex.

The prenup acts as a contract to protect your rights and to protect your assets. You get to clearly define what is yours and what should be shared. You can do this long before the divorce, while the two of you are still on good terms. Then, if divorce does come, you are ready for it.

Again, that doesn’t mean you want to use the prenup. It doesn’t mean that you want your marriage to end in divorce. It just means that you want to have the prenup in place because you understand the statistical reality that you may get divorced.

Setting it up

If you’re interested in getting a prenup before you get married, it’s important to do it in advance. Be sure you know what steps to take to set it up.