It’s Not Weird Anymore: The Truth About Premarital Agreements

Sutton Law Group • Oct 14, 2021

For years, the common perception about Premarital Agreements was that they were niche at best and damning at worst. A Premarital Agreement, sometimes known as a Prenuptial Agreement or a “Prenup,” is a legal contract created between two fiancées that dictates the ownership of their individual assets should the marriage fail. In the last decade, they have gone from relatively obscure to commonplace – so it might be time to reevaluate what we think that we know about them.

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We hear weird rumors all the time, but working in the legal industry, we know the actual truth. Here are 6 lies that we often hear about Premarital Agreements, and the truth behind them:


They Are a Warning Sign


Some people say that making a Premarital Agreement means that you are considering divorce before even getting married. If that was the case, you would have a justifiable reason – fifty percent of first marriages end in divorce, and the numbers only go up for seconds and thirds. However, most couples choose to get a Premarital Agreement because they care about each other and they want to protect their partner from being saddled with debt or losing their beloved pet.


They Are Taboo


Maybe they were in 2003, when the Harvard Gazette claimed only ten percent of engaged couples got one. In 2018, Arlene Dubin stated that the amount of Premarital Agreements had increased fivefold in the last decade – and it has only increased since then! You don’t need to feel weird about mentioning it to your fiancée. For plenty of couples, it is now just another aspect of wedding planning.


They Are Just For Rich People


While some couples may want a Premarital Agreement to protect their own substantial assets, that is not normally the case. Couples are getting married older than ever before, which means they are coming to the marriage with their own property, investments, and even debt. Premarital Agreements are a way of protecting yourself for all types of people, not just those with off-shore bank accounts.


They Are Just To Prepare For Divorce


Premarital Agreements cover more than just the division of property. They can also help start conversations about having children, the importance of family, and any uncomfortable income gaps between fiancées. Plenty of people use a Premarital Agreement just to protect their spouse from inheriting their student loan debt. The best thing that a Premarital Agreement does for all couples is start a real, substantial conversation about finances and the future.


They Don’t Actually Work


At some point, a rumor was spread that Premarital Agreements do not hold up in court. Quite frankly, if they were not legally binding, we would not make them. While they may not be able to cover everything that a divorce can, rest assured that Premarital Agreements are binding legal documents.


You Can Make One Yourself


Here is the most dangerous lie: that making your own Premarital Agreement, from an online template or just from scratch, is a good idea. DIY Premarital Agreements end up amounting to a waste of time for everyone involved. This is one area where you want to leave it to the professionals.


Get the Help You Need


Here’s the great news about Premarital Agreements: they strengthen your relationship, they protect your family, and they’re not weird anymore! Maybe they never were to begin with. Don’t get married without planning for the future, and don’t leave discussing a Premarital Agreement until the last minute. To create your own, contact Sutton Law Group today! We are dedicated to your success!


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