Most people don’t walk down the aisle thinking their marriage has an expiration date. Marriage is supposed to be about romance and a lifelong commitment to another person. It’s perhaps no surprise, then, that prenuptial agreements have something of a negative reputation. Many people see them as “bad luck” or a lack of confidence about a marriage. These are just two of the more common misconceptions about prenuptial agreements. Here are a few more.
Myth #1: You have to sign a prenuptial agreement before you get married
Prenuptial agreements aren’t just for before the wedding. Couples can also sign a “postnuptial agreement” once they are married. The document is a legally binding contract, whether it is signed before or during the marriage.
Myth #2: A prenuptial agreement shows a lack of trust
Prenuptial agreements are about protecting your rights and safeguarding what you have worked so hard to build. If you own a home, chances are you have insurance protection against fire or floods. This doesn’t necessarily mean you think your house is going to burn down. Instead, it means you want to make sure you’re protected in the event of a disaster. There is nothing wrong about having peace of mind.
Myth #3: You only need a prenuptial agreement if you own a lot of property
This is a common argument people use for many different types of legal planning, including estate planning. They assume they don’t need to protect themselves because they believe they don’t own anything of real value. In reality, most people own a lot more than they think they do. For example, what about inheritances? Or investments? If you have a retirement plan, you may end up accumulating significant assets over time. These are all issues that can be addressed in a prenuptial agreement.
Myth #4: A prenuptial agreement gives the wealthier partner an unfair advantage
Courts will not uphold a prenuptial agreement that is unconscionable. To be enforceable, a prenuptial or postnuptial agreement must comply with state law. This is why it’s important to work with an experienced family law lawyer who understands your goals and what you are trying to achieve.
Experienced Mississippi Family Law Attorneys
At Rushing & Guice, P.L.L.C., we help individuals and families safeguard their important assets and relationships. We are confident we can help you achieve your goals. Call us today at (228) 374-2313 to discuss your case.