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Prenuptial agreements have both pros and cons

While prenuptial agreements may not seem romantic, they can save Tennessee couples a lot of grief after they get married. Having one does not mean a couple is planning to divorce later on. Rather, with financial woes causing many a couple to divorce, it may save a marriage since couples will be disclosing their financial pictures before the vows. Couples should discuss a prenup early on in their engagement and not wait until the last minute to talk about it.

Prenuptial agreements aren’t just for the wealthy but for anyone who wants to protect the assets they owned before the marriage. They also are a way for a person with children from a previous relationship to protect their children’s inheritance should that person die during the current marriage. Plus, should the couple later divorce, a prenup can eliminate fights over property division.

On the downside, prenuptial agreements can be set aside if one spouse failed to fully disclose their assets. The pre-marital agreement also could cause friction between the parties. Some people also think they show a lack of distrust on the part of the person wanting the prenup. Others might believe a prenup indicates a lack of commitment to making the marriage work.

Prenuptial agreements can be simple or they can be complicated, depending on the amount of assets people bring to a marriage. Regardless, each party should have separate family law representation so as to preclude a challenge in the future. There are certain things that such an agreement cannot address, such as child custody or support, as courts view that as a violation of public policy.

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