Nothing can kill the mood of a romantic evening like mentioning the word "prenup". When two people are deeply in love and contemplating marriage and a happy future together, the absolute last thing on their minds is property distribution in the event that their marriage fails. The couple has confidence and trust in one another and, that is as it should be. Nonetheless, statistics show that divorce is more than a remote possibility for most newlyweds. Some one third of first time marriages end in divorce and more than half of second and third marriages. So, are prenuptial agreements a bad thing? Do they show lack of faith in your future spouse or lack of confidence in the survivability of the marriage? Many legal and financial experts believe that prenuptial agreements are simply smart financial planning and, in the long run, can save both parties enormous grief, heartache and expense resulting from bitter divorce litigation if the marriage does not survive. Many experts believe that prenuptial agreements actually reduce the amount of financial stress in a marriage and, in a divorce, because both parties know exactly where they stand.

We understand that the issue of prenuptial agreements often carries heavy emotional baggage with our clients. Rare is the client who is completely comfortable discussing property distributions in the event of a divorce with his lawyer, much less the love of his life. As much as we genuinely share our client's happiness in their relationship and plans to marry and begin a new life together, this subject is deserving of a candid, unemotional discussion. Most people entering into marriage ultimately make a decision not to have a prenuptial agreement. We wholeheartedly support our client's decision to forego such agreements if they have made a determination that the emotional difficulties posed outweigh the benefit. Whether or not to have a prenuptial agreement is as much a personal decision as a legal one. We respect our client's choices completely in this matter. As their attorneys, however, we want this and all other decision that they make to be informed decisions, made only after thoughtful consideration of all available information.



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