When people talk about prenuptial agreements, they usually talk about all the downsides. The truth is that there are some downsides, like the potential for offending your partner or making it seem like the agreement is an ultimatum. Some prenuptial agreements may come across as not being fair, either, which is another significant problem.
However, on the whole, prenuptial agreements can be a good idea for everyone. The major reason to have one is that you can assign debts and liabilities. This is something often overlooked.
Why use a prenuptial agreement to assign debts and liabilities?
Though not always apparent, it’s a reality that debts taken on during marriage are marital debts. That means that you could end up paying down debts your spouse created if you’re not cautious, all because you were married when those debts were made. Of course, there is a potential to negotiate out of paying debts you didn’t accrue, but the better option is to have a prenuptial agreement.
A prenuptial agreement can assign those debts immediately. For example, if your spouse creates debts on an individual credit card, takes out a school loan or buys a new vehicle, you’ll want them to be held responsible for those debts if they do not benefit you in any way. Similarly, if you take on debts, you don’t necessarily want your spouse to be left to handle them after a divorce.
As you can see, prenuptial agreements aren’t only about protecting what you have. It’s also about protecting what you may need to pay back, which could be significant in a divorce.