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Prenups don't predict divorce, but they help in the event of one

Popular media such as TV shows and movies would have most people in New York believe one thing about prenups -- that they are a solid indication that a marriage is doomed to fail. This is an exceedingly common belief that does not actually reflect the reality in which most people live. Rather than acting as a predictor of divorce, prenuptial agreements serve a valuable role by protecting and securing important assets.

Couples often have trouble separating the love that they feel for one another from the sensible benefits provided by a prenup. Current data still suggests that approximately half of all marriages in the United States ultimately head for divorce. In general, divorcees do not blame their prenuptial agreements for their splits, which are usually spurned by deeper, more personal issues.

So who really needs a prenup? Well, the vast majority of New York couples can benefit from at least considering their own needs and how a prenup might protect each party. These types of agreements are not always the complicated legal documents that are typically portrayed in the movies. For some, a thorough inventory of all premarital assets that are intended to remain separate property is sufficient. Other couples, including those who have significant assets and businesses, might need a slightly more in-depth agreement.

Rather than betting on divorce, couples who choose to consider the possible benefits of a prenup are taking an active role in the planning of their future life together. Even if a couple comes to the conclusion that they are not in need of an agreement, discussing finances and assets early on can help open the lines of communication between both parties. However, in the event that a couple does decided to divorce, having even a basic prenup can help make the process run much smoother and more quickly.

Source:, "Signing a prenup doesn't mean you're betting against your marriage", Claire Gillespie, June 6, 2016

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