Initially, many clients are hesitant to even discuss a prenuptial agreement with their spouse or prospective spouse. Typically this is due to the perception that their loved one will react negatively to it and feel that the end of the marriage is already being contemplated.
The truth is; however, that the use of a prenuptial agreement in the context of a second-marriage is common and extremely useful for various reasons. Primarily, this is due to the fact that the prenuptial agreement provides the context for a couple to consider many relevant issues that they may otherwise overlook until after their marriage. Have the parties discussed where they will live, who will pay the mortgage or rent, who will live with them, and who will pay the utility bills and grocery expenses? Have the parties discussed what should happen in the event that one of them becomes ill or dies? There are many issues other than divorce that get considered when discussing a prenuptial agreement.
Of course, what happens in the event of a divorce is a critical portion of the prenuptial agreement. This is especially true when one of the parties has previously gone through a difficult divorce. No one wants to repeat the stress of that process. But if parties do unfortunately need to go through the divorce process, the existence of a prenuptial agreement helps keep the process much more civil because the parties are aware of the outcome in advance.
In summary, a prenuptial agreement does so much more than discuss the possibility of the parties getting a divorce. It helps the parties organize their marriage and finances so that there are fewer bumps after the marriage. And that is helpful in keeping the marriage strong and long-lasting.
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