Experts have Mixed Opinions about Prenups

 Posted on August 30,2013 in Uncategorized

Prenuptial agreements have become more prevalent in the last 20 years. According to Psychology Today, some experts believe that these agreements predestine a new marriage for failure, while others believe that they have no bearing on the success of a marriage.

Vulnerability

A successful marriage should be based on an exceptional emotional bond, among other things. One argument for prenuptial agreements is that the full disclosure of financial intentions and assets allows the emotional bond to be strengthened. If the future spouse knows what up front what will happen in the case of a divorce, they are more likely to act appropriately.

The opposite argument states that the prenuptial agreement denotes mistrust from the beginning. While the agreement is not going to be the sole cause of the dissolution of the marriage, it may be a sign that there are going to be problems in the future. How can there be trust when one partner refuses to be totally vulnerable.

The Power Play

Some experts believe that a prenup is an attempt to control the less wealthy spouse. They believe that the agreement does nothing but put into writing who is in charge. With an agreement in place, there may be less negotiating when there are problems in the relationship. The party with the money can simply say, if you don't like it, you can go. While there is usually a predetermined amount of money that will be given in the event of a divorce, it is usually nowhere near the amount that would be awarded without a prenup.

Whose Decision is It

When it comes to the money coming from "family money," the family of the wealthier partner will often get involved. They may "require" that a prenuptial agreement be put into place so that the financial interests of the family can be protected. This often makes the other spouse feel as if the family is against them before the marriage even happens.

If you have questions about drawing up a prenuptial agreement or if having one would be in your best interest, an experienced Illinois family law attorney can answer your questions.