Disadvantages Of Prenuptial Agreement

Jason Markey

Every marriage aims to stand the test of time, and no one likes the thought of joining a relationship with the thought of ending early enough. 

(Do you know about Orange County Prenuptial Agreement Attorneys?)

The content of a prenuptial agreement may not go down well with most people. 

Despite its many advantages, there are key drawbacks to such a contract which will be identified in this article. 

What Does A Prenuptial Agreement Entail?

To avoid assuming you know what it entails, I’ll give an overview of a prenuptial agreement. A prenuptial agreement, a prenup, is a contract that covers the division of assets between partners in the event of divorce, infidelity, abandonment, or death of one spouse. 

Disadvantages Of Prenuptial Agreement

  1. It Kills Romance

Although marriage as an institution goes beyond emotional feelings to work, having to discuss divorce, premature death, or separation with your partner before marriage can affect your relationship. 

The love that exists between you and your partner will eventually be faulted. A prenuptial agreement sends a different signal which is negative to the mind of your partner. 

The point is, if there is no proper communication as regards the contract, the relationship may end before marriage. On the other hand, if both partners go ahead with the marriage, there may be a lack of trust. 

Know the right time and place to discuss such a sensitive matter, don’t bring it up when your wedding is around the corner. 

Having your partner sign a prenuptial agreement under pressure will be seen as invalid in court. 

  1. It May Be Inessential

The state judge’s decision in the event of a divorce may be similar to or the same as what you drafted in your prenuptial agreement. 

There are other contents a prenuptial agreement cannot cover, such as child custody, child support, and parenting time. It covers mainly the aspect of assets and finance. 

This entails that after a divorce, you need to go for a court hearing as regards child custody and who takes the financial burden of the child. These loopholes make the prenuptial agreement unnecessary. Couples may decide to save and wait until there is a need. 

  1. Unbalanced Judgment

The emotional part of a relationship might play out when signing a prenuptial agreement. 

Both partners overlook the sharing formula and debts accrued before marriage. 

They go with the belief that there can never be a divorce. No one hopes for that, but when signing a legal document, it is wise to be critical about it. Having such a mentality will make the agreement unbalanced. A partner with more properties may leave empty in the event of a divorce. 

  1. Lack of Trust

Bringing up such a matter may sound awkward before marriage and can only point to one thing: lack of trust. 

Hence, it brings up so many unplanned behaviors. A partner may no longer commit to the relationship because there is a possibility of a divorce. 

Your partner can think signing such an agreement is a trap to take all the assets and leave them with none. 

Bottom Line

Signing a prenuptial agreement has a lot to do with a couple’s emotional and mental state. Considering the advantages and disadvantages, it is possible to have confused thoughts about it. Hence, consulting an attorney and a marriage counselor will be fine.

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