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Prenups can help to protect a partner's assets, such as business interests, inheritances, and investments. This can be particularly beneficial if one partner has accumulated significant wealth before the marriage.
"A prenup is less important if the parties do not have substantial assets, and/or do not wish to limit or waive spousal support in the event of a divorce or separation," Goikhman says. "Even in these circumstances, it's still a good idea to get a prenup to fully identify and define the goals and wishes of the parties."
As prenups are not legally binding, there are certain criteria that must be met for the court to take them seriously. The prenup must be entered into willingly by both parties, who should both have received legal advice and should both have received full disclosure. Both parties will need to sign the prenup.
While less critical in some situations, divorce experts still recommend considering prenups for a few reasons. "A prenup is less important if the parties do not have substantial assets, and/or do not wish to limit or waive spousal support in the event of a divorce or separation," Goikhman says.
The most common cons of prenups include: Doubt about the future ? Initiating a discussion about a prenuptial agreement often creates doubt between the couple. ... Destroys romance ? Talking about the terms of a prenup is anything but romantic.
A prenuptial agreement isn't designed to promote divorce, but it can make the process much easier if a couple has to split.
In the U.S., courts have discretion to recognize foreign prenuptial agreements and will generally do so unless the agreement is found to be unconscionable or one that otherwise frustrates public policy.
A prenuptial agreement does not cover the following: Child custody or visitation matters. Child support. Alimony in the event of a divorce. Day-to-day household matters. Anything prohibited by the law.