Prenuptial agreements sometimes have a bad reputation. People in Nashua may view them at best as unromantic and at worst as a sign the parties are not committed to the marriage. However, there are many pros to executing a prenup that couples will want to consider.
First, prenups are for the protection of both parties. The reality is that many marriages simply do not last and having a prenup in place can ensure that each party is treated fairly during the property division process. Also, by deciding on financial and property issues ahead of time, the entire divorce process may run more smoothly. In addition, having an open and honest discussion about financial expectations can serve a couple well as they move forward into their married life.
It is important that prenups are executed with all the proper formalities if they are to be enforceable. In general, each party should retain separate legal counsel, so their interests are represented fairly throughout the process of negotiating and executing the prenup. In addition, the parties to the prenup must disclose all assets and debts. Hiding assets is illegal and will only lead to undesirable consequences. In addition, a prenup cannot be executed under situations of fraud or duress.
In the end, prenuptial agreements serve many couples well, but it is important that the contents of the prenup are legally enforceable. Because many people do not have much experience in this area of the law, they may want to seek professional guidance before negotiating a prenup. This way they can better understand what their legal rights are in the event of a divorce, so they can make informed decisions.
