Do I need a prenuptial agreement?

Prenuptial agreements (AKA: prenups, or premarital agreements) are a good way to protect (and define) what items of property will belong to each party in the event of divorce.  They can also be used to predetermine many other facets of an eventual divorce outcome (e.g., alimony, temporary arrangements while a divorce is pending, etc.). 


Prenuptial agreements can even be used to establish contingencies (e.g., "if X happened during the marriage, then Spouse gets Y...", or "if the marriage lasted X amount of time, then Y happens; but if the marriage lasted W amount of time, then Z happens..." ).   


Unfortunately, prenuptial agreements cannot completely eliminate the possibility of litigation.  Good lawyers will always find ways to challenge a prenup or work around it.  So a prenuptial agreement should not be considered a guarantee there will be no litigation or expensive attorney bills. 


The quality of a prenuptial agreement therefore comes down to how well the drafter anticipated, defined, and addressed what might happen in the future.  And this is where experience comes in; a prenuptial agreement is only as good as the lawyer who drafted it.

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