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The Implication of a Prenuptial Agreement

Prenuptual Agreement Implications

Some couples may have difficulty approaching the subject of prenups. Many people wrongly assume that a conversation about prenups, will defeat the purpose of the marriage. However, it is actually likely to increase each spouses confidence in the other spouses intentions. Prenups can protect individuals from entering a marriage in which one spouse is trying to gain financial security by marrying the other spouse.

In some ways, a prenup is an insurance policy for any individual that is entering into a marriage. By having the contract in place ahead of time, spouses are better prepared to know what to expect from each other. A prenup can give each spouse some peace of mind. In addition, writing a prenup together can open the lines of communication and bring couples closer by becoming more aware of how each spouse views the other's responsibility in marriage.

In some cases, couples cannot enter into a prenup due to religious beliefs. For example, the Catholic church states that a marriage is not valid if there is a prenuptial agreement. The church believes that a prenup is a preparation for divorce and the Catholic church does not believe in divorce.

Therefore, any couple that has a prenup, is unable to be married in the eyes of the church. Therefore, many Catholic couples will not enter into a prenup agreement. However, some Catholic couples may enter into a postnuptial agreement in order to assure that their marriage is valid in the eyes of the church.

Prenups can be an upsetting subject because some people believe that it means they are planning for divorce. In reality, couples are not planning for divorce, but simply protecting their individual interests should a divorce occur. However, realistically many marriages do end in divorce. Prenups are meant to protect the interests of both spouses and should never be geared to protecting just one spouses interests.

Should a prenup be geared toward protecting one spouses interests, the courts are likely to over rule the contract. This is another example of the necessity of having an attorney examine the document before it is signed. The point of a prenup is to have protections in place in the event of a divorce. If a judge finds that the document is invalid, neither spouse may have protection for their interests during the divorce. In essence, it is vital to do everything to assure that the document will not be invalidated by the courts.

Like any contract, prenups allow spouses to know what they can expect and what is expected of them, in the event of a divorce. These contracts can help couples to better understand each others intentions during marriage and in the unfortunate event of divorce.

If an attorney reviews the contract to ensure its legality, couples will feel more confident in their relationship. Writing the contract will help couples learn more about each other and to be prepared for any eventuality in the relationship.

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