Ask Avvo: My fiancé wants to sign a prenup. Is that really necessary?

Divorce, Relationships

Q: My fiancé is suggesting that I sign a prenuptial agreement. I’m kind of insulted. Is that really necessary? And is there any benefit to me?

A: A prenuptial agreement can be viewed as an insurance policy. It is designed to protect a couple who is marrying in the event of a divorce and oftentimes in the event of death. A prenuptial agreement can determine how assets will be divided in a divorce and address alimony and spousal support issues so that both parties can avoid litigation if their marriage does not work out.

Prenuptial agreements are not intended to address issues of child custody or child support because these are always modifiable. Some prenuptial agreements also include behavioral clauses that govern the content of social media posts, restrict how much weight a party can gain during a marriage, or dictate how frequently parties engage in sexual relations. But whether these clauses are truly enforceable is questionable.

You should not be insulted by the fact that your fiancé suggested a prenuptial agreement because that agreement can protect you as well, especially if you have significant assets that you are bringing to the marriage. Another great thing about prenuptial agreements is that they force marrying couples to address financial issues prior to marriage. Hopefully, you will keep these lines of communication open during the marriage as well. If you do, chances are the prenuptial agreement will never even be used.