I was watching a talk show today and a topic was raised that incited a huge debate. Passions were flaring up from all sides on the issue! Should you get a prenuptial agreement before you get married? For so many years, people have been under the mindset that a prenuptial agreement is just for the super rich, athletes, and actors. The overwhelming majority view point on prenuptial agreements is changing though. Why are more people leaning towards prenuptial agreements now before they get married? Chris Rock in one of his stand-up routines said that rich people don’t need prenuptial agreements because they can afford to give away half in the case of divorce, he said that “people need to get a prenuptial agreement when they make like $30,000 a year!” His assertion was someone taking half of $30,000 is a lot worse than someone taking half of a wealthy person’s money. Is he right?

Why is the issue of a prenuptial agreement such a “hot button” for many Americans? Let’s look at both sides of the issue. Over 53% of all marriages in America end in divorce according to recent statistics and 60% of second marriages end in divorce. 41% of spouses in marriages admit to physical or emotional infidelity in America. Only 31% of marriages last after an affair has been admitted or discovered. The average divorce proceeding takes a year to complete. The average estimated cost of a divorce proceeding is $15,000.00 in America according to some estimates and $27,000.00 according to others. Simply put, the statistics show that half of all marriages end in divorce and it costs a lot to end it!

What does a prenuptial agreement provide in cases of divorce? It reduces the costs and time involved in a typical divorce. A prenuptial agreement basically determines how assets and property will be separated. What is the benefit? Any kind of property, such as a home, automobile, stocks, checking accounts, business ownerships, and personal belongings can be included in the agreement. In addition, debts can also be categorized as separate property so that one spouse will not be liable for the debts of the other should the marriage dissolve. Although people perceive that prenuptial agreements are a divorce sentence, courts will not uphold the agreement if:

1. It is likely to promote divorce

2. Was written and signed with the intention of divorcing

3. One party was forced into signing it

4. The agreement was created unfairly

A prenuptial agreement also requires full disclosure of all assets and debts. What is the benefit? In this instance, both spouses will know ALL of the assets and debts of the person they are marrying, which is sometimes not the case in marriages with out them.

On the other side of the issue, 47% of marriages work out. The main argument of advocates against prenuptial agreements is they believe it denounces the permanence of marriage. Many people believe marriage is forever, hence, they do not need a prenuptial agreement. Most of the religious right and individuals in the conservative christian movement are against it because of the Biblical mandate, “What God has joined together, let no man put asunder.” Basically, they believe that it goes against the original intention of marriage. Many people also believe that it goes against “real love.” Idealistic individuals will tend to lean towards this logic and line of thinking. Why would someone in love suggest signing a contract to enter into marriage? Americans typically have a very idealistic view of love that often overshadows the reality that relationships can be fragile if both parties aren’t on the same page.

Is a prenuptial agreement a statement of true love or an insult? Most Americans lean towards it being an insult because only 5-10% of couples typically sign one. If someone is truly in love, why should they care about being blocked from your assets in the instance of a divorce? Can a prenuptial agreement expose false motivation? Does a prenuptial agreement set an expectation for divorce? Is a prenuptial agreement smart based on the statistics? If you went through a divorce, would it change your viewpoint on the subject? The irony in the arguments against prenuptial agreements is the belief that couples do not need a contract as the basis of their relationship. Although a marriage is ideally an expression of love, according to the law it is a legally binding contract that merges assets, property and debts. Is a prenuptial agreement a statement of love without motivation or an insult to “real love?”