Family Law

PRENUPTIAL AGREEMENTS AND BEHAVIOR INSURANCE

By Aaron Weems

A recent article by Laura Petrecca in USToday highlights a fact which many people forget when considering prenuptial agreements – they are as different as the individuals seeking them.

As we have previously discussed on this blog, the law behind prenuptial agreements makes nullifying a prenup a difficult proposition, but it is also worth mentioning that in the creation of a prenuptial agreement, people have the opportunity to truly define how to deal with existing or future assets, conditions for distribution of assets, and any sort of 'behavior insurance' they wish to create. Ms. Petrecca cites examples of limitations on weight gain and cocaine use as illustrative of the range of subject matter people can include in their agreements.

Prenuptial agreements force couples to discuss some uncomfortable truths about their finances and their view of the how money or assets should be treated in the marriage. Ultimately, people can essentially agree to any arrangement they want, provided they are being fully open with each other and making all the appropriate disclosures.

If you are considering a prenuptial agreement, take some time to think beyond just the few items you are seeking to protect and don't be afraid to discuss with your attorney creative ways to structure the agreement so that you and your soon-to-be spouse each feel confident with the level of protection your receiving and secure in your understanding as to how you each are approaching your marriage.

Full post as published by Pennsylvania Family Law on March 25, 2010 (boomark / email).