There are a number of sound reasons why you might consider drafting a prenuptial agreement.

First, our attorneys will tell you the obvious reason is that a prenuptial agreement allows each party to maintain as separate property the assets they have before getting married. Second, in the unfortunate event you get divorced, a validly-drafted prenuptial agreement acts as a “script” for the divorce, minimizing conflict and uncertainty about how the case will be resolved.

Third, even if you don’t have a significant amount of assets, prenuptial agreements can be used to explicitly define what debts you are responsible for, such as credit card debt or student loans of the other party. And last, the process of creating a prenuptial agreement in essence forces you to carefully assess your relationship with the other person. It allows you to reasonably plan for a worst-case scenario at a time when you’re not emotionally and financially vulnerable, as parties often are during a divorce.

Attorney Irwin M. Pollack has often said, “Prenuptial agreements can be as specific and detailed as you want, or they can be limited to cover only a few issues. Moreover, there’s nothing that limits you from getting a postnuptial agreement after you get married.”

Many married couples often draft a postnuptial agreement if their marriage turns rocky, but they’re not ready to pursue a divorce.

For information on premarital agreements, call (800) 910-DIVORCE or to schedule a no-obligation consultation with our Cape Cod Divorce and Plymouth, Massachusetts Family Law Attorneys, contact us.