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What are some myths regarding prenups?

Prenuptial agreements are a sticky subject for many couples. Most believe that signing a prenup means that divorce is inevitable, which is hardly the case. In fact, prenups may even strengthen a union since each party knows exactly what to expect when it comes to marital property and financial issues. Business Insider dispels a few of the common myths regarding prenuptial agreements. 

When it comes to the terms of a prenup, not all provisions are enforceable. In fact, including provisions about housecleaning or personal appearance could result in the document being rendered invalid. It’s also not a good idea to include things regarding child support, child custody, or alimony. These decisions are largely made by the court, and as a result, language included in your agreement is likely to be ignored. Your best bet is to draft a prenup with the help of an attorney. Some states even require both parties to have sound legal representation. 

Additionally, you don’t need to be wealthy to have a prenup in place. These documents establish who owns what going into a marriage, which makes asset division much easier in terms of a divorce. They also establish rules for how marital property will be distributed. They can even be useful from an estate planning perspective, which is beneficial to couples who remain married. 

Finally, prenups signed at the last minute before marriage might be considered unenforceable. This goes back to the issue of coercion. If a document is signed hours or even a few days before a person gets married, the argument could be made that there was an undue influence at work. This is especially true if the terms of the agreement favor one spouse over the other. For the best results, a prenup should be drafted and signed months before the wedding is scheduled to take place. 

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