Some good reasons to consider a prenuptial agreement
Some Missouri couples may want to consider a prenuptial agreement before they get married. While no one likes the idea of thinking about divorce before walking down the aisle, experts say there are three circumstances in particular in which a prenup is critical.
Blended families can create a number of complications. It is generally important to each spouse that their own children get their assets, but without a prenup in place, this may not be what happens. If one spouse dies, the assets may pass to the surviving spouse and then to that person’s children, leaving the children of the spouse who died first with nothing. A prenup can also be important if one spouse is involved in a family business. Without a prenup, if the two divorce, the other spouse may be able to claim a portion of that business as joint property. This could even lead to the family losing the business altogether.
Finally, a prenup may still be necessary in the situation that most people think of, when one person has more assets than the other. However, this does not have to involve one person owning millions. Many attorneys say there has been an increase in prenups among millennials because they are marrying later and may have already bought a home and started building a retirement account.
People who do not have a prenuptial agreement and who get a divorce will have to decide how they will divide their property. If they are unable to do so, a judge will make the decision. Couples often prefer to negotiate this themselves since it can be less stressful and expensive. It also gives them more control over the final outcome. Attorneys can help in these negotiations or can conduct them on behalf of their clients.