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What is the role of a prenuptial agreement?

Prenuptial agreements are sometimes thought of as cruel, rude or insensitive. Someone who suggests that they want one may be seen as a person who doesn't trust their spouse or who wants to make sure they walk away the winner in a divorce.

The reality is that a prenuptial agreement has many positive factors to consider. Even if it catches you off-guard when your spouse asks for one, don't jump to conclusions over the possible negative connotations. The reality is that a fair prenuptial agreement is good for both parties.

How is a prenuptial agreement helpful?

To start with, crafting a prenuptial agreement forces you and your potential spouse sit down to talk about serious factors that could affect your marriage, like debt and income. If one of you has more debt than the other, a prenuptial agreement could make sure that debt never falls on the wrong person's shoulders.

If you have to give up your career for the marriage, as another example, then you could add a clause that would allow you to be compensated if the marriage later results in divorce.

Prenuptial agreements can also limit spousal support, protect your financial interests, protect your personal business or professional practice and protect the inheritances of your children or grandchildren from a marriage prior to this one.

While a prenuptial agreement isn't always necessary, it's often a good idea to consider one. Sit down with your potential spouse and talk it through with your attorney, because you may see that the prenuptial agreement they want you to sign is what's best for your marriage.

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