Prenup Agreement Pros and Cons

A Complete Guide to Prenup Agreement Pros and Cons

Prenup Agreement Pros and Cons

Nobody wants to think about their marriage not working out. But, in a world where 40-50 percent of marriages end in divorce, you need to entertain the possibility that things might not end well.

It seems that lots of couples are starting to think along these lines. The majority of attorneys have reported noticing an increase in the number of couples who are seeking prenuptial agreements, especially among millennials.

If you’re getting ready to tie the knot, it’s important to consider the benefits and drawbacks of a prenuptial agreement.

Read on to learn all the prenup agreement pros and cons so you can make the best decision for yourself and your partner.

What is a Prenup?

First things first, let’s clarify what a prenuptial agreement is.

A prenup is a legally binding contract that two people sign before they get married. In the agreement, the couple addresses the following issues:

  • The property they each bring to the marriage
  • The property they may acquire during the marriage
  • The property rights of each party should the marriage end in divorce

It’s not exactly romantic, but many couples believe that these are important issues to address before getting married.

Prenup Agreement Pros and Cons

As with anything, there are both benefits and drawbacks to getting a prenup agreement before you get married. Some of the pros and cons are explained below.


There are many reasons why couples choose to sign a prenuptial agreement. Some of the benefits that come from signing one include:

  • Protecting the inheritance rights of your children or grandchildren from a previous marriage
  • Protecting a business that you own (or partially own) so it’s not subject to your partner’s control should you get divorced
  • Protecting you from assuming your partner’s debts should they owe significantly more money than you
  • Ensuring that you will be compensated for your sacrifice should you choose to give up a lucrative career after you’re married
  • Limiting the amount of spousal support you’ll have to pay should you get divorced
  • Protecting your financial interests if you have substantial wealth and are entering into a second or subsequent marriage

If any of these benefits sound appealing to you or your partner, you may want to consider signing a prenuptial agreement.


At the same time, there are drawbacks to a prenuptial agreement, and this document is definitely not all-encompassing. Before you sign a prenuptial agreement, be sure to take the following cons into account:

  • You may have to forfeit your right to inherit your spouse’s estate when they die
  • You may not be entitled to a share of an increase in a business’s value, even if you contribute to the business’s growth
  • Your partner may interpret your desire to sign a prenuptial agreement as a sign of distrust — this can start your marriage off on bad terms
  • It’s hard to predict future problems with your marriage and compromises you make when signing the prenup could become problematic later on
  • The low- or non-wage-earning partner may not be able to sustain their lifestyle should the marriage end in divorce
  • One spouse may agree to terms that are not in their best interest because they don’t believe the prenuptial agreement will ever need to be called upon
  • The prenuptial agreement may prove to be unnecessary, especially since some states don’t allow issues like child support to be resolved through them
  • Some state laws cover asset and property distribution without the need for a prenup
  • At the time when the couple signs the agreement, it may be too early, especially if they don’t yet own property or have a lot of assets

As you can see, there are certainly drawbacks to a prenuptial agreement, especially if one partner makes significantly less money than the other or does not own any property of their own.

Who Should Get a Prenup?

It’s true that ay couple can potentially benefit from a prenup. But, based on the pros and cons outlined above, certain couples may see more benefits than drawbacks from signing a prenup before they get married.

The answers to the following questions can help couples determine whether or not a prenup might be a good idea for them:

  • Do you own real estate?
  • Do you have more than $50,000 in assets?
  • Is your annual income greater than $100,000 per year?
  • Do you own any part of a business?
  • Do you have more than a year’s worth of retirement benefits?
  • Do you or your partner plan to go to school while the other works?
  • Do you have employment benefits like profit sharing or stock options?
  • Does your estate name other beneficiaries or heirs besides your partner?

If you or your partner can answer yes to one or more of these questions, a prenup is probably right for you.

What About a Postnup?

If you’re still not sure what to do, remember that a postnuptial agreement (also known as a postnup) might also be an option for you and your partner.

A postnup is an agreement that you sign after your marriage that covers many of the same issues addressed in a prenup. Most couples who sign a postnup choose to do so after they’ve been married for a little while and know more about how they want to manage their household.

If one partner is on the fence about a prenup, a postnup might be a good compromise.

Do You Need a Prenup?

Now that you know some of the most important prenup agreement pros and cons, do you think a prenup is right for you and your partner?

If so, you’ll need to hire a family attorney to help draw up your prenup agreement. Don’t know where to find the right attorney?

Use our online directory today to find a great attorney near you.

Feel free to check out our blog as well for more legal advice and tips on choosing the best attorney for your needs.

best family lawyer

How to Find the Best Family Lawyer

best family lawyer

If you’re approaching a court case that involves divorce, child support, or adoption, you are probably going to need representation.

As if these types of situations are not stressful enough, you have the added worry of finding the best family lawyer possible.

This isn’t a time that you want to test the waters.

You want to feel confident that you’ve hired the right professional for the job on your first try. After all, you may not get another “day in court” to plead your case. But, if you haven’t had much experience in the courtroom, especially with cases such as these, you may not know who to turn to.

Need tips for finding a good family law attorney to help you win your case?

We’re sharing our ultimate guide on how to get the right lawyer to represent you!

Your Guide to Hiring the Best Family Lawyer

Anyone who has ever been involved personally with a family court case knows how important it is to have an attorney that you can depend on. The stakes are high in these types of cases, and it’s not uncommon for participants to have an equally high level of anxiety.

Not only is there a lot on the line, but you are expected to think fast in choosing someone to represent you start to finish.

Before you begin your search for the best family lawyer that you can find, take a look at this guide to help see you through the process and ensure that you walk into court prepared and confident.

1. Rely on Trusted Sources for Recommendations

According to the American Psychological Association, 40-50% of marriages end in divorce.

The high percentages of marriages that leading to divorce may not be good news, but it does mean that there’s a good chance that others you know have faced circumstances that warranted a family law attorney’s services.

When choosing your own representation, it often helps to ask friends and family for the names of good family lawyers that they might have used to win their case. Oftentimes, people who have been through similar situations will be happy to make a suggestion based on their own experiences.

If you don’t know where to start, start by collecting referrals from family and friends. Any good family law attorney is likely to come up more than once when you begin asking around for recommendations.

2. Hire a Specialist

Do you have a cousin who works in business law that may be willing to cut you a deal on your divorce? While that may sound like a nice gesture, you should probably reconsider before accepting an offer of this nature.

Good family lawyers typically have experience in family law and understand the precise protocol that is followed in a family law courtroom. Cutting corners might benefit you in other court matters, but when it comes to something as important as your family, any extra money spent will be well worth it.

3. Prepare for a Thorough Consultation

Most good family lawyers will provide a no or low-cost consultation. When researching potential attorneys to represent you, find out what their consult policy is. If it does not incur significant charges, plan to meet with as many lawyers as possible during the screening phase.

At this time you should come prepared to ask the representing lawyer certain uniform questions that will help point you in the right direction.

These might include things like:

  • How long have you practiced family law?
  • How much do you charge per hour?
  • What typical steps do you take to ensure success in your cases?
  • What outcome do you predict?
  • Do you feel confident that you can win this case?
  • Who else will I be contacting and working with on my case?

When you are conducting interviews with potential attorneys, take a notebook to jot down the answers to crucial questions, such as those above. Then, when it comes time to choose you will have something that you can use to make comparisons.

4. What Kind of Reputation Does the Lawyer Have?

If you find yourself face-to-face with an attorney who has been unable to share courtroom mistakes or who is regarded in the world of family law as sub-par, then you may want to reconsider hiring them to represent you.

Research the potential lawyer’s local reputation, but also look for online reviews and information on the web. Sometimes, people are more willing to make a true statement regarding their services when they are able to do so anonymously. Online reviews can be a major help to clients who are new to family law.

If you notice more than one negative review, take note. Most sites give you the option to post anonymous reviews, which provides clients with an objective and unbiased opinion of their services.

5. Get Comfortable With Courtroom Lingo

Prior to interviewing prospects, you should brush up on your familiarity with legal terms. When you are discussing your case, you want to be able to do so in a professional manner and with ease.

Legal terms are often a mystery to the average client. You can ensure comprehension and gauge experience when you come to an appointment with basic knowledge regarding the terms discussed.

Don’t Wait! Get Started Today!

If you even think that a family law case could be looming in your future, then it’s time to begin your search for an attorney.

It’s never too early to start looking for a legal representative with expertise in family law. This is especially true if you want to hire the best family lawyer possible and ensure the best chances of winning your case.

Think you may be heading to family court?

Browse our listings for top family lawyers in your area right now!