The Utility of A Pre-Nuptial Agreement
David Donnelly - Denver Family Law Attorney
After several years of experience with divorces, and talking with so many people who have gone through the divorce process, I have seen the light. There are countless reasons that people get divorces, but the most commonly occurring one is financial troubles. When I say financial troubles, I do not necessarily mean that there is just not enough money to make ends meet, but instead, I see much of the time, situations where husband and wife just cannot see eye-to-eye and agree how to address financial issues. It could be as simple as a one person’s fetish for shoes or golf, or it could be how much you spent on your new smart-phone, or it could be more mundane issues like whether you pay your bills on time.
When I was younger, I always thought that Pre-Nuptial Agreements, also known as Ante-Nuptial Agreements, were unfair, biased and manipulative agreements entered into in bad faith by one party with much to protect, and by the other party under duress. I don’t think so anymore.
What I have learned over the years is that it is really beneficial to the success of a marriage, to have an understanding of what each party’s role will be in the marriage. How will each contribute? Who will pay what bills? Because so many marriages end in divorce, statistically more than one-half, the chances of marriage succeeding, are increased by entering into a Pre-Nuptial Agreement which can provide this type of guidance to the parties.
This type of agreement can assist both parties in understanding how money earned during the marriage is going to be spent and by defining it accordingly. By providing the parties an already agreed upon road-map on how finances will be spent during the marriage, Pre-Nuptial Agreements lessen the stress, especially the stress which may ultimately lead to a dissolution or legal separation.
