The Best Answers to Frequently Raised Objections About Prenups

Prenuptial agreements have often been represented as “weapons” that spouses use in a bitter divorce, pessimistic, “worst-case-scenarios” that seem to say that a marriage is doomed from the start.

As a result, many people voice strong objections when their spouse-to-be suggests that they create a prenup. Most of these objections come from the heart not the head because prenuptial agreements are, in fact, a wise “insurance policy” for any marriage.

Following are the logical answers that will effectively overcome emotional objections.

I Object! Prenuptial Agreements Always Favor the Husband
In order to be upheld by the court, prenuptial agreements must be fair and equitable in the eyes of the law. Prenups actually empower women by assigning a monetary worth to non-monetary activities (for stay-at-home moms, for example). This protects women who may have sacrificed a career to raise families.

I Object! A Prenuptial Agreement Means We Don’t Trust Each Other
A prenuptial agreement can only be created in a trusting atmosphere where both parties feel free to offer “full disclosure” regarding their assets and debts. These “intimate” revelations often open the door to resolving other important issues.

I Object! Even If We Divorce, I’m Sure It Will Be Amicable
Even the most loving marriages can end badly. There’s just no way to know. A well-drafted prenuptial agreement will help ensure that there are no emotionally and financially draining court battles in the future on the issues covered in the prenup.

I Object! Neither of Us Has a Lot of Assets
Hopefully, your future will be filled with success — individually and collectively. If only one party thrives in the marriage, however, those assets may be “up for grabs” in the event of divorce. A prenuptial agreement can ensure that each party keeps what he/she has earned.

I Object! We’re Not Going to Ever Get Divorced
Sadly, as divorce statistics demonstrate, many “happily ever afters” turn out quite differently. There’s no such thing as 20/20 clairvoyance, so having an “insurance policy” is simply wise and prudent. You can also mention that prenuptial agreements define what happens to martial assets in the event of death, as well as divorce.

I Object! I’ll Be Worried All the Time
In fact, the opposite is true. A prenup provides tremendous peace of mind for both parties in a marriage. With decisions about marital assets, support, etc. made in advance, you’ll both be able to sleep at night knowing that your rights (and assets) are protected.


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