In the minds of the more romantically-inclined, the idea of getting married means creating and subsequently sharing a life with the person you love more than anyone you’ve ever met before. In fact, many think of marriage as a merging not only of the souls, but of the assets. Soon-to-be husbands and wives have been known to make declarations such as “what’s mine is yours,” and it’s not uncommon for love and passion to propel an otherwise guarded person into a state of perpetual generosity towards the would-be spouse in his life.
On the other hand, some people don’t have a problem separating love and emotion from the financial angle of marriage. Although such people might be fully capable of producing feelings of love, they might never reach the point where they are truly comfortable sharing their assets in full. Fortunately for the people in this particular camp, the prenuptial agreement was developed to address this “what’s mine isn’t necessarily yours” line of thinking.
Rusty Applegate is a South Carolina attorney with over 30 years of experience in family law. As such, he is no stranger to prenuptial agreements and their inherent advantages and disadvantages. According to Applegate, it’s important to realize that prenuptial agreements are really only necessary in certain types of situations. In fact, most people who have asked Applegate to draw up prenuptial agreements have tended to fall into one of two categories — people who are older and are getting married for the second time, or people who have accumulated a significant amount of assets at an early age. Applegate says he has rarely encountered a situation in which two people with average finances who have never been married before would request a prenuptial agreement prior to a marriage. Under such circumstances, a prenuptial agreement is often unnecessary, not to mention unromantic.
So has Applegate noticed a correlation between prenuptial agreements and subsequent divorces? Surprisingly, the answer is “no.” In fact, according to Applegate, plenty of people are capable of separating love and emotion from the financial realities that encase them. In situations where only one person has a significant amount of assets, a prenuptial agreement can serve as a good clarifying document so that there are no questions about where the assets will go should things fall apart in the future. A prenuptial agreement can also protect two people who might be approaching a marriage with similar sets of assets by outlining the division and allocation of such assets in the event of a separation down the line.
While the concept of a prenuptial agreement might seem foreign or cold to some, consider the fact that in a way, a prenuptial agreement works to take finances out of the picture so that a couple is able to focus solely on the emotional aspects of their marriage. A prenuptial agreement can also help ensure that both parties are entering into a marriage for the right reasons.
Of course, it’s natural to think of prenuptial agreements as virtual predecessors to divorce, but under the right circumstances, they are certainly more than justified. Even if we all could convince ourselves that the “right” approach to a marriage involves declaring a willingness to share everything, the reality is that some people just aren’t wired that way. And while some might view this type of attitude as a relationship deal breaker, others might be more willing to compromise on the sharing aspect in order to be with the person they love.
After all is said and done, those who believe in “what’s mine is yours” are bound to view prenuptial agreements as legal documents designed to slap true love in the face. But for the realistic people out there who can come to terms with their own emotional limitations, prenuptial agreements can actually make the difference between marriages that could succeed compared to those that would otherwise never come to be.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.
