Prenups, legally known as premarital agreements, can get a bad rap. Perceived by some as a death knell on the relationship, prenups are agreements signed by the couple prior to marriage that commonly include provisions for the division of property and spousal support in the event of divorce or breakup of the marriage. Like any other legal document, prenups must be carefully drafted in order to be enforced by the court.
The myths about prenups are many and a few of the more common ones include:
- Myth 1: A prenup jinxes the marriage.
- Myth 2: Prenups are a disadvantage to the less financially “well-off” party.
- Myth 3: Prenups ‘hurt’ the woman.
- Myth 4: A prenup reduces the marriage to a formal business transaction.
- Myth 5: A prenup makes it too easy to divorce
- Myth 6: Hiring an expert family lawyer to draft a valid prenup is expensive.
- Myth 7: Prenups are only for the rich and famous.
- Myth 8: My partner will be offended, hurt, etc… if I present him or her with a prenup.
- Myth 9: Nothing says ‘I don’t love you’ or ‘I don’t trust you’ like a premarital agreement.
- Myth 10: We are in love. We don’t need a paper addressing potential issues in writing.
- Myth 11: I don’t need a prenup because I plan to live with my significant other, rather than marry him/her.
- Myth 12: A prenup is unnecessary because our legal system takes care of these matters in the event of divorce or death anyway.
This list of myths is not exhaustive. And of course, every relationship is unique and will have its own set of concerns, issues, and/or worries to consider. If you’re interested, you can read all about some of the more well-known celebrity couples who did not sign prenups and lost millions.
To discuss the pros and cons of drafting a prenup before you tie the knot in California, contact the expert Los Angeles family attorneys at Walzer Melcher today.