A prenuptial agreement (often shortened to a ‘prenup’) is not the most romantic or easy conversation to have as a couple.
However, the reality is that there are scenarios in which couples should consider getting one.
Not only does it offer both parties peace of mind but it also provides clarity and protection for everyone, ensuring they know where they stand. Getting this agreement signed and sorted can leave couples to focus on exciting times ahead.
To help clarify when you should get a prenuptial agreement, we’ve broken down four of the most common scenarios where a couple may consider one.
1. Significant disparity in assets or income
One of the most common situations where a prenup might be needed is when one partner has more assets or earns more money than the other. By getting an agreement such as this, the individual can ensure they have protection of their wealth and its future distribution.
As the name suggests, prenuptial agreements happen before a couple gets married (though post-nuptial agreements are also common), so if one member of that couple has themselves, or a family that has substantial savings, investments, and property, they can be protected should they divorce.
Beyond securing existing wealth, they can also help make sure that any future income or assets are handled in an agreed-upon way. Thinking ahead allows couples to prepare for changes in income or contributions, avoiding disputes later in life.
2. Ownership of businesses or enterprises
A second common scenario is when one member of a couple owns a business. These agreements protect the enterprise of members of the marriage should they have significant business interests outside of the relationship.
During a divorce, it’s not uncommon for business operations or its assets to become embroiled in the proceedings, which can have significant emotional and financial effects. By agreeing on things before or just after marriage, couples have peace of mind and understand their place.
As well as mitigating conflict within the couple, a prenuptial agreement can also protect third parties connected to a business. Employees and clients could be impacted if control and ownership become unclear. Prenups help maintain stability and continuity within the business.
3. Protecting inheritance for children from previous relationships
These sorts of agreements become very important when one member of a marriage has children from a prior relationship.
In the way that a pre or postnup protects a member of a couple, it can also protect children’s inheritance and ensure certain assets remain in their name should divorce occur.
They also work alongside other legal documents, such as wills or trusts to ensure full protection. Broder estate planning can also be worked out in a prenup, this allows for agreement and discussion over family heirlooms and property.
In this scenario the partner with children can be comfortable in the fact that there are safeguards in place and that future disputes are minimised.
4. Protection against past and future debt
If one of the partners has accrued significant debts before this relationship began, a prenuptial agreement can protect the partner without debt from incurring liability or responsibility for that money owed.
As well as discussing debts accrued before a marriage, these documents can also iron out how new debts taken on after the nuptials should be handled. For instance, if one partner takes on a loan or accrues credit card debt, a prenuptial can stipulate that the person responsible for the debt is also responsible for that repayment.
Responsibility for debts owed must remain with the person who incurred them. Agreeing on this provides transparency and understanding of financial rights and responsibilities.
Peace of mind and confidence going forward
Every couple is different and there are numerous reasons why soon-to-be-weds, or newlyweds, would want to agree on a prenup agreement. The scenarios laid out here are just some of the most common.
Whatever the situation, agreements of this nature can ensure transparency and let couples focus on their relationship and the life they intend to share going forward.
