Prenuptial Agreements: Share the Love and Protect the Future

 Posted on July 07, 2015 in Divorce

When you make the decision to marry someone and share your life with him or her, the romantic love that you feel is often intoxicating. Your idealistic vision of the future make take over, and, as the wedding day gets closer, it may not even occur to you that you are entering into a business partnership as well as a romantic union. Throughout history, however, marriage has been an arrangement of shared property, while the romantic aspect of marriage has really only evolved relatively recently. Modern marriage, as combination of social contract and romantic love has led to the increased utilization of prenuptial agreements to protect the financial interests of each spouse.

For many, the concept of a prenuptial agreement is closely tied to a prediction of failure, as such agreements necessarily consider the possibility of divorce. This is often seen to be in direct contrast to the idea of marrying for love and living "happily ever after." As such, couples frequently struggle with the dilemma of making practical, yet seemingly cold preventive arrangements, or relying on love and trusting that things will be fine.

However, a large number of prenuptial agreements are drafted not only in anticipation of a potential divorce, but also as security in the event of a spouse&s unexpected death. Indeed, providing for your surviving spouse after your death is its own romantic (and responsible) gesture. When considered from this perspective, prenuptial agreements can actually bring harmony to your marriage by settling financial issues and keeping them from creating conflict during your life together and afterward.

Our family law attorneys may not advise that all couples necessarily draft a prenuptial agreement. In general, younger couples without children or significant assets prior to their marriage may find a prenuptial agreement to be fairly unnecessary. For other couples, however-- especially those who have been previously married, have children from other relationships, or have accumulated more assets and business interests-- a prenuptial agreement should be strongly considered.

Remarriage situations, in particular, can be well-served by prenuptial agreements. The agreement can be developed to specify that certain assets and inheritances are intended for children or other family members from prior marriages. This can help maintain a positive relationship with not only a current spouse, but with children and ex-spouses with whom cooperation may still be necessary.

If you are planning your wedding, but you have yet to plan for the future of that marriage, contact an experienced Illinois family law attorney today to discuss whether it is in your best interest to draft a prenuptial agreement. At A. Traub & Associates, we are committed to helping our clients achieve the future they deserve. Call today to schedule an appointment and learn more about how a prenuptial agreement can help protect you.