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Can prenups help property division or save a marriage?

On Behalf of | Sep 23, 2022 | Property Division |

Pre- and post-nuptial agreements have never been sexy. Indeed, a lot of reality television revolves around one party wanting one, and the other party hating the idea. Somehow, these legal documents have become a taboo topic. But, it should not because a bit of planning before a marriage can help make the marriage stronger, or a postnup could even help save the marriage.

The reality is that, according to the U.S. National Center for Health Statistics, over half of American marriages end in divorce. That means thousands of divorces every year.

Strengthening the marriage

A prenup forces you to have  hard conversations about where you think your relationship is, where it is going and what you want from married life. It is an all-too-common reality that many of us do not have these conversations until things come up during the marriage.

For example, do you know if your spouse wants kids? If they do, and you do not, then, you may find that marriage is not right. Do you know how much debt your future spouse has? Once you are married, you could be on the hook for that debt too. There is a huge difference between a couple of credit cards and a six-figure unsecured loan from a failed business. Maybe, it is smarter to stay together, unmarried. A prenup will go over all of this as it lays bare everything.

Makes a divorce easier

Child custody, child support and property division are hotly litigated items. This is because everyone thinks they are the best parents and they, alone, are entitled to their wealth. And, at the divorce stage, there will be significant baggage that will make these entrenched views worse, meaning a divorce without a prenup can be costly, heartbreaking and never ending.

A divorce with a prenup can be streamlined. Indeed, since the outline of your divorce is done at the beginning with each of your best interests in mind, it is also, usually, fairer than the divorce a random Michigan family law judge decision.

Saving a marriage

If you find yourself at an impasse with your spouse. Whether it is a disagreement, a lie, infidelity or some other bad act that is pushing you apart, a postnup can help solve this. It can put to paper what you need to move on and what they need to do to facilitate it.