What Prenuptial Agreements Can and Cannot Protect You From

The good news is that the online discussion about whether prenuptial agreements cause or divorce or prevent it has resulted in a stalemate, and people have moved onto other topics, such as trying to figure out if it is more altruistic to marry or stay single, and whether it is more generous to bring children into the world or to let your DNA lineage end with you. As Julia Ridgers, the founder of a website that helps couples draft prenuptial and postnuptial agreements points out, 100 percent of marriages end, and the chances that a marriage will end with one spouse being widowed are slightly greater than the chances that it will end in divorce. A prenuptial agreement enables you to agree with your spouse about financial matters that will certainly arise in divorce court if you divorce, but for which the prenup can also arise during your marriage even if you and your spouse stay together for the rest of your lives. Even though divorce cases where the couple has a prenup usually resolve more quickly than when they do not, and the couple’s legal expenses are lower when they have a prenup, a prenuptial agreement cannot completely take the pain out of divorce. If you need help drafting a prenuptial agreement, or if you have one but you and your spouse are getting a divorce, contact a Mississauga family lawyer.

Prenups Can Protect You From the War of Unspoken Narratives

People who have gone through divorce sometimes feel, at least for a while, like their whole marriage was a lie, when more likely, their marriage was a misunderstanding or a case of mismatched expectations. It is easy to assume that your spouse plans to use your future wealth as a family to do the same things you expect to do, but you might not be right. Even if you and your spouse sometimes talk about long-term financial plans, your respective takeaways from these conversations may be very different. Prenuptial agreements cannot micromanage every penny, and they also cannot make provisions about your children, but they can, for example, set in writing which of you is the true owner of the marital home or of your family pets. Infidelity clauses are also increasingly common in prenups. They specify a different division of property if the marriage ends because of adultery, different from how the property would be divided if the marriage ended for other reasons.

Prenups Cannot Protect You From Starting Over If You Are Divorced or Widowed

The best-case scenario in divorce is that you thought carefully about the provisions of your prenup, so both spouses agree that the division of property is fair, and the court enforces the prenup without incident. Divorce still means the end of a marriage. It means renegotiating your interpersonal relationships, which is never painless.

Contact Zagazeta Garcia LLP About Drafting an Airtight Prenup

A family lawyer can help you prevent marital conflict and financial catastrophe by signing a prenuptial agreement.  Contact Zagazeta Garcia LLP in Mississauga, Ontario to discuss your case.

Source:

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