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Situations When You Might Not Want to Sign a Prenup

There are plenty of valid reasons to consider getting a prenuptial agreement established before your marriage begins. However, these contracts are not for everyone, and there are just as many reasons why drafting and signing a prenup might not be an ideal situation for you and your partner.

Below are a few examples of a situation in which a prenup might not make sense:

  • You cannot afford the associated legal costs: Prenuptial agreements can be relatively expensive, depending on how many assets you bring to the table and how many other complexities exist, such as business interests, stock holdings and real estate. You should not pick an attorney just because he or she is the cheapest available. If you cannot afford to work with a competent lawyer for your prenup, then you could be better off not doing one. A poorly drafted prenup could hurt you more than it helps.
  • You do not expect to add significant assets: Prenups might not be necessary if you do not expect to have significant increases in income, purchase new valuable property together or have children. Of course, it can be hard to predict the future when you get married, so this probably won’t be reflected in many prenup-related decisions.
  • You are comfortable with state laws governing your divorce: If you do not have a prenup, your divorce will proceed in accordance with state law. Depending on where you live and the protections the state affords divorcing couples, you may be comfortable with the process that would occur if you need to dissolve your marriage.
  • You and your partner have moral opposition to a prenup: There are some who, for religious or moral reasons, do not believe in prenups — or believe that establishing a prenup could get the marriage off to a rocky start. This is ultimately a personal opinion, but if it’s important to both of you, then you may not opt to get one.

To learn more about prenuptial agreements, work with a knowledgeable Minnesota family law attorney at Appelhof, Pfeifer & Hart, P.A.

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