Should You Get a Prenup?

Should You Get a Prenup?

The decision to enter into a prenuptial agreement has long been a subject of debate among couples, and understandably so. On one hand, a couple has committed to a lifelong partnership, yet a prenuptial agreement provides a measure of financial security in the event of unforeseen circumstances, such as a divorce. Unfortunately, media portrayals often focus on the negative aspects, casting prenuptial agreements as tools for financial gain at the expense of a wealthier partner.

However, when prenups are carefully used and planned correctly, it will create a fair path to disburse responsibilities and assets. It could also protect you by streamlining financial responsibilities, inheritance, and assets. Furthermore, it prevents disputes in the event of divorce or separation.

What Is the Average Cost of Prenups and Postnups?

Prenup fees range from $1,500 to $10,000 and are not limited to additional charges, which are dependent on how complicated the estate is. However, a simple prenup can cost a flat fee, and in more complex situations, lawyers can charge hourly rates.

Postnuptial agreements, by contrast, are often more costly due to the inclusion of marital property—assets acquired jointly after marriage. While the process may seem unnecessary, time-consuming, and expensive, working with a skilled postnuptial lawyer can make it a worthwhile investment in long-term financial clarity and security.

What Are the Things to Know Before Getting or Signing a Prenup?   

It is a great idea to get some things settled in your mind before getting or signing a prenup. Knowing what to expect will get you more prepared and help you make informed decisions. Below are a few things to understand:

• Note that prenups allow you and your partner to decide how much each person will get out of the asset if a divorce or separation happens
• Prenups will always be distinct, so if you want, you can include your inheritance, business assets, property, savings, and even your pets
• Although they are not legally binding in some states, they could be used as additional documents during divorce or separation processes.
• A judge can only approve your prenup if they are satisfied with the asset allocation and there is a reasonable and fair arrangement for any child involved.

What Prenups Can Include

Prenups are created initially to fit any personal circumstances. Therefore, you can include the following in your prenup:

• Contribution arrangements for household bills, rent, or mortgage until the property is sold or vacated
• Procedures for managing joint debts and bank accounts
• Plans for handling additional properties or assets after settling debts or mortgages
• Distribution of items acquired during the relationship, such as furniture and vehicles
• Responsibility for pet care
• Child maintenance and support for any dependents
• Custody arrangements, including the primary caregiver and visitation schedules

What If One Marries Without a Prenup?

In the event of a divorce with no prenup, North Carolina’s marital laws dictate the division of debts and assets according to equitable distribution. This means that while assets are divided fairly between parties, they may not be split equally. As a result, you might receive less than anticipated and could be responsible for a portion of your partner’s debts, depending on the circumstances of the marriage and the court’s assessment of fairness.

Conclusion

“A family lawyer with in-depth knowledge about prenups can help you create or evaluate your prenuptial agreement,” says Family Attorney Maria Ximena Sussman. Since each person’s circumstances are different, a prenup that is suitable for someone will not work for everyone. They can represent you during negotiations, give you more tailored advice based on your situation, and fight for the best outcome.