Bill Gates and Melinda Gates, two of the world's most wealthy and powerful
philanthropists have announced they’re getting divorced, and guess
what? They don’t have a prenuptial agreement.
If there is anything we have learned during this pandemic (besides vigorous
hand washing), it is the power of love.
From what I’m hearing as a prenuptial agreement expert, divorce attorney,
and mediator, couples aren’t letting a global pandemic or social
distancing stop them from getting married. Not anymore… Lot’s
of weddings are coming up.
Because many millennials tend to be financially savvy these days, I’m
receiving calls from couples asking questions about prenuptial agreements.
I thought I would share some key reasons to consider having a prenuptial
agreement with you.
Even though Bill and Melinda Gates didn’t have a prenuptial agreement,
that doesn’t mean you shouldn’t have one! Prenuptial agreements
are protective tools and very popular these days.
MY TOP 10 REASONS to have a Prenuptial Agreement:
1.) It Can Strengthen the Relationship.
In order for prenuptial agreements to work, you both have to be completely
transparent with one other about your existing financial matters. This
means fully disclosing your assets and your debts to one another. Get
the difficult conversations out of the way as soon as possible. Trust
me, the best time to talk about that maxed out credit card is not after
Avoiding Discussions About Financial Matters is a Start on the Wrong Foot.
Almost a third of divorces are the result of financial problems. We know
you’ve heard this one before, so why not address this in advance?
The more communicative you are in planning your future together, the more
likely that future will be “till death do us part.” Part of
your prenuptial discussion will include discussions about marital roles
and obligations of each partner. There is nothing unromantic about smart planning.
You Acquired Property Before your Current Relationship.
One of the things that I have found is that many couples interested in
a prenuptial agreement typically have acquired property prior to starting
a relationship with their current partner. This is particularly true with
people getting married a second time. Often, a couple may want to keep
some of their property separate, especially if they have children from
a previous relationship. The idea here is that couples would like to see
their separate property, or even a certain percentage of it, used for
the benefit of their children in the event of a sudden death or divorce.
Divorce is Very Expensive
Divorces are quite pricey (except if you mediate) and while we know that
nothing can be further from your mind, the reality is that about 50% of
marriages in the U.S. end up this way. Think of your prenuptial agreement
as something of an “insurance policy” that will save you both
a lot of pain and money by predetermining who gets what at a time when
you are not angry at one other.
Assurance for Your Children.
Second and third marriages are increasingly a common occurrence in the
U.S. In some cases, children may feel their new step-parent will not honor
the same inheritance wishes of their biological parent. A prenuptial agreement
sets clear guidelines regarding what a spouse is entitled to, while ensuring
your children’s peace of mind that they will be taken care of.
You’re single, you work hard, and you’re probably used to managing
your finances. However, during the course of a marriage, you are likely
to share certain financial responsibilities together. If maintaining a
certain level of financial independence is important to you, a prenuptial
agreement can help set those parameters for you. One way to do that is
to outline your obligations to each other and define where the lines are
in terms of maintaining your own earnings.
Protection from Creditors.
Maybe your partner attempts a business that ultimately fails, or maybe
your partner brings a lot of debt to the relationship. Things happen!
A prenuptial agreement can often protect your finances from creditors.
This allows one partner to step up and help maintain your relationship
while the other bounces back.
Planning your Life in Advance.
There is nothing wrong with that. By outlining specifics about your future
together, a prenuptial agreement gives you a roadmap to keep you both
on track. It also brings the tough decisions to the forefront of your
Keeping a Business on Track.
Do you have a business partner or some other significant business interest?
A prenuptial agreement can help keep that business intact in the event
of an untimely death. That does not mean that your spouse cannot or should
not benefit from your hard work, but your agreement will help clarify
issues surrounding ownership of the business.
You could end up living a long time, but only be married for a number of
years. Should your relationship end in divorce, you want to be financially
With over 35 years of experience developing prenuptial agreements, I can
write a prenuptial or review a prenuptial agreement to prepare and protect
you and your spouse for a hopefully a lifetime of happiness.
Call me if you have any questions about prenuptial agreements.
FREE 1 HOUR CONSULTATIONS are
discreetly and conveniently conducted virtually to reduce risk.
I look forward to hearing all about your wedding plans and guiding you
on all the “do’s and dont’s” of a prenuptial agreement.
Stay healthy & safe!
Call New York Divorce Lawyer Lois Brenner now to get answers to all your
questions about prenuptial agreements. 212.734.1551