PREMARITAL AGREEMENTS 2

Module 3 Discussion: Premarital Agreements

I agree with the woman’s position that a premarital agreement is unnecessary because
she and her fiancé truly love each other. Indeed, there is something truly unromantic about
premarital agreements; contractual negotiations can dampen the excitement of preparing for a
wedding (Thompson, 2015). This reality is aggravated by the fact that both parties (the bride
and the bridegroom) rarely want to have an agreement; usually, it is the partner with more
money who wants it to protect their money.
That said, in light of the reality of rising divorce rates (Schembri, 2003), I would join
the woman’s attorney and accountant in advising her to enter a premarital agreement with her
fiancé. Granted, in the excitement around the wedding and blinded by love, lovers rarely see
themselves divorcing each other in the future, even though they may envision divorce for
other couples. Because of the possibility of a divorce down the road, I believe a premarital
agreement would be a better and more realistic alternative to a messy or acrimonious divorce.
However, I would go ahead and advise the woman to ensure that their premarital
agreement protects the rights and interests of each partner so that, in the event of a divorce,
no partner will be left vulnerable or disadvantaged. For example, even though the woman’s
partner may not be the primary breadwinner, he may have to make some career sacrifices to
make the marriage work. These sacrifices must be recognized and rewarded in case of a
breakup.
Overall, even if the man was the primary breadwinner, I would give the same advice:
have a premarital agreement but be fair to your partner.

PREMARITAL AGREEMENTS 3

References

Schembri, N. R. (2003). Prenuptial Agreements and the Significance of Independent Counsel.
Journal of Civil Rights and Economic Development, 17(2), 313-346.
Thompson, S. (2015, October 30). Beware of prenups, but not because they are unromantic.
Retrieved from The Conversation: https://theconversation.com/beware-of-prenups-
but-not-because-they-are-unromantic-48868