Prenups

Weight gain, sobriety, infidelity, year-end bonuses, and beauty budgets are among some of the agreements couples sign off on before saying “I do”.

The belief that what is mine is yours and what is yours is mine, is no longer understood with the union of marriage and love. It is now met with a contractual agreement called a prenuptial agreement. 

Prenuptial agreements were made most famous in recent times by high-profile couples, like Mr. and Mrs. Trump and family names like the Rockefellers, and have continued to grow. However, unbeknownst to most of society they have been around for centuries. Prenuptial agreements date as far back as 2000 years ago with the Hebrew marriage contract the Ketubah, according to Brian Bix, author of “The Enforcement of Premarital Agreements: and How We Think about Marriage”.

U.S Census Bureau conducted a study in 2009 that found the average divorce rate was 9.2 per 1000 people (this number is estimated to rise during the next census count). Marriage researcher Erika L. Haupt, found a recent statistic based upon the 2009 census divorce rate that approximately 15 percent of couples from 2009- 2013 will  enter into prenuptial agreements.

Prenuptial agreements were originally intended for the use of protection of a spouse in case of death, and are now intended to protect assets in case of divorce. Some characteristics of those who choose to partake in a prenuptial agreement include if a spouse will be receiving inheritance, the state in which you live in, whether or not you own a business, if you have children from a previous marriage, and the wealth distribution between each spouse.

Recent divorcee Marlene Coto entered into a prenuptial agreement to protect things she valued including her home and properties. “When I signed my prenuptial agreement I was really only focused on not losing my family vacation home that I grew up in” Coto said.

According to Bix, prenuptial agreements are most specifically set to ensure that children from a prior marriage retain a certain family wealth. They also assure the economically weaker spouse that he or she will have economic protection after divorce as well as assure that certain family heirlooms or family wealth stay within a family upon divorce as stated in “The Enforcement of Premarital Agreements: and How We Think about Marriage”. The one major thing that prenuptial agreements are not allowed to have included is deals related to children. Visitation rights as well as custody and access are never to be included in prenuptial agreements according to Bix.

Professor of women and family sociology, Lindsey Trimble, believes that divorce rates and prenuptial agreements are showing signs of correlation. “By having a prenuptial agreement made before marriage you are acknowledging that the marriage may not work and thus are more likely to feel comfortable divorcing,” said Trimble.

Others see prenuptials as a way for couples to communicate about so called “tough issues”.

Psychologist and marriage counselor, Laurie Nelson, views prenuptials as a way for couples to begin open communication about issues which can be sensitive subjects, ultimately making their relationship stronger.

Prenuptial agreements are officially recognized in all 50 states. However according to Bix they require five elements to be valid; agreements must be in writing, agreements must be executed voluntarily, there must be fair disclosure at the time of execution, agreements cannot be unconscionable, and lastly agreements must be executed by both parties in front of a notary public.