A Harvard Law School takes a look at prenuptial agreements

What is the reason that most people do not have a prenuptial agreement?

A recent publication of an article by an Olin Scholar at Harvard Law School explains that about 5 percent of married people have such an arrangement, even though the facts are that more than 50 percent of marriages end in divorce. This Harvard Law graduate explains what she has discovered.

What inspired you to research the facts about prenuptial agreements?

The facts are that more than half of marriages end and these once-loving couples end up in divorce court, and a microscopic 5 percent have prenuptial agreements in place. Most prospect partners after deliberation decide that if they raise the possibility of a prenuptial agreement that far, it suggests they are planning a divorce, he concluded. She would investigate why couples don’t protect themselves with prenuptial agreements.

What is the reason that couples contemplating marriage do not have a prenuptial agreement?

The two main reasons that stop people from asking their potential partner to sign a prenuptial agreement.

First of all, as stated above, most couples feel that it is fatal to suggest a prenuptial agreement to their potential partner. Rumor has it that when Jennifer Lopez asked Ben Affleck to agree to a prenuptial agreement, Ben Affleck ended the relationship.

The other reason is that most couples believe that despite statistics showing that more than half of all marriages end in divorce, it will never happen to them. They believe that their love will overcome any possible obstacles that may occur in their relationship and that their foundation is unshakeable and more stable than most people, and that divorce will never happen.

Is it true, as the courts have affirmed, that prenuptial agreements are not absolutely contrary to promoting the stability of marriage?

The reality is that a Prenuptial Agreement can create a situation where the marriage will be more difficult to end than easier to end. You can design a prenuptial agreement that states that the divorce cannot happen unless a charade has occurred, such as being unfaithful or whatever you decide is important as a couple. And in contrast, most states accept no-fault divorce.

Is it a given that when prenuptial agreements have additional instructions in addition to property divisions and state specific provisions when a divorce can occur, they will be upheld in court?

To my knowledge, this type of prenuptial agreement has not been tested in divorce court. In years past, every state insisted that a spouse prove fault before a divorce could be granted. But there are states that accept an agreement for a “covenant marriage” in which one spouse will be required to show fault before filing for divorce. It would be unlikely for any court to limit a couple’s prenuptial agreement because it has divorce requirements.

Are children of divorced parents more likely to have a Prenuptial Agreement before marriage?

As surprising as it sounds, the answer is no! As stated above, the reasons couples do not have a prenuptial agreement are not logical but emotional. Neither partner wants to create a situation that predicts doom. There are also other significant factors that should be mentioned. 1) If one of the partners has wealth, he is likely to insist on a prenuptial agreement. If he is married, it is unlikely that he will request a prenuptial agreement. 3) Women will generally not insist on a prenuptial agreement.

Would you suggest Prenuptial Agreements are Mandatory?

It is important to understand why a prenuptial agreement is a win-win situation for both parties. After reviewing the above research, I would recommend a prenuptial agreement. A binding prenuptial agreement would be beneficial for couples. It would eliminate that awkward discussion of bringing up the matter because everyone would be obligated to treat it as a matter of law, even if they feel like they’ll never get a divorce. Also, the practice can eliminate unrealistic optimism about what the future may bring. Since everyone getting married will have a prenuptial agreement, it will create a smoother transition into marriage. If this law were in place, maybe Jennifer Lopez and Ben Affleck would still be together?