Carolann M. Aschoff, P.C.

Prenuptial agreement or not? Divorce is not planned, but happens

While planning a wedding, the last thing on one's mind is the possibility of the marriage not working out. While difficult to imagine, things may go wrong and that is why it may be prudent to consider a prenuptial agreement. In case of divorce, a prenuptial agreement assists in smoothing the way forward.

There is little doubt that divorce can be expensive, whether in New Jersey or elsewhere. It is also true that in this time, the emotional turmoil often makes cooperation and reasonable conversation next to impossible. During such times the benefits of pre- and postnuptial agreements become clear.

While some couples may recognize the benefits of signing a marriage contract before the wedding, it may create feelings of mistrust in other cases. Many engaged couples don't necessarily recognize the importance of discussing each individual's financial situation, as well as their views on how money should be handled. A prenup is one way of clarifying these issues by talking about them before walking down the aisle.

Another benefit of these types of agreements is the fact that many decisions, which are difficult to make when a couple decides to divorce, have been made and agreed upon. There will be no need to fight over who get the family heirloom or a particular piece of furniture. This is particularly important in cases where it is not a first marriage and children from previous relationships may be involved. These children may have certain expectations regarding an inheritance, which can be protected by an agreement reached and signed before marriage.

Despite the obvious benefits of signing a marital agreement, it remains a difficult subject to talk about. The fact is that having an agreement in place can save a New Jersey couple from the worrying about the details of a divorce, should one occur at a later date. Instead, they can each focus on growing their relationship, secure in the knowledge that an agreement is in place just in case it is needed.                   

Source:, "Benefits of Prenuptial and Postnuptial Agreements", Jeffrey Rose, Accessed on Nov. 29, 2017

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