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Myths about prenuptial agreements

Tennessee couples who are getting married might want to consider a prenuptial agreement. Because the average age at marriage is rising, people are more likely to bring significant assets into the marriage. A prenup can help protect those assets, but some people may believe myths that keep them from getting one.

For example, a lower-earning spouse might be worried the prenup is designed to protect the higher-earning spouse and leave the other person with nothing. However, this is not the case. A prenup is designed to specify how property will be divided in case there is a divorce. A person may have family property or a business to protect. A prenup may also lead couples to talk about how a partner who stays home with the children will be protected.

People should also keep in mind that prenups do not have to stay exactly as they are written. Some people write clauses into their prenups to make them invalid after a certain amount of time or after an event such as the birth of a child. Others may simply want to revisit and revise the document as their circumstances change.

If a couple does decide to get a prenup, they should keep a few points in mind. The most important one is that both people should get adequate legal counseling. If it appears that one person was forced to sign it under duress or did not fully understand its terms, the prenup could be thrown out. People should also avoid addressing issues that are not allowed, such as child custody. An attorney may be able to assist a client in preparing an agreement that is less vulnerable to challenges and that can help protect assets.

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