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Should I Get a Prenup? The Answer is Probably Yes

courthouseSo you met that special someone that you want to spend the rest of your life with. You’re happy. The last thing on your mind is the idea that it could all fall apart one day, but numbers don’t lie. With a divorce rate over 40% in the US, no matter how happy you are, the answer to the question “should I get a prenup” is almost always “yes.”

Getting married is a major commitment. Not only are you agreeing to spend the rest of your life with that person, you’re also committing to share half of all the money you make with that person.

As the saying goes, hope for the best, but expect the worst. Things happen, times change, people change, and you can never predict the future. So it’s always best to prepare yourself beforehand. In this case, you should get a prenup to prepare yourself in case you do end up getting a divorce.

You should get a prenup because if you don’t, you’re letting your state’s divorce laws take control. You will have no say whatsoever in the way your assets are divided or how child support and alimony will be paid. It will all be left up to the judge.

You may be thinking, “I’m not like everyone else. I’m not getting a divorce, so why should I get a prenup?”

A prenup can serve many more purposes than just helping to divide assets in a divorce.  People also get a prenup to help define important responsibilities during marriage.

For example, you can get a prenup that sets out how your tax returns will be filed, who will pay the bills, whether you will have joint bank accounts and how they can be managed, how much money you will save for your kid’s college funds, and much more.

Even if you and your partner have a minimal net worth right now, you never know what can happen. Maybe you will start a business and become a millionaire after your marriage. You’d hate to lose it all in a messy divorce proceeding, right?

No matter how convinced you are that you will never divorce, you should get a prenup just for peace of mind. Don’t end up like Mel Gibson who lost $850 million because he didn’t get a prenup. Protect yourself and your assets with a fair and reasonable prenup agreement before you get married.

The benefits far outweigh the negatives, and even if you know you will never get a divorce, a prenup can still benefit your marriage by setting forth clear expectations of both partners’ responsibilities.

So with all of this in mind, “should I get a prenup” isn’t even a question you should be asking. What are you waiting for? Protect yourself and set your marriage up for success by defining everything clearly from the start.