Most people discuss how important a prenuptial agreement is, and it can be a vital document in a divorce. However, if you're approached with a prenuptial agreement before marriage, you should wait before you decide if you want to sign it.
There are a few times when you won't want to sign a prenuptial agreement. For example, if it is obviously unfair, then you're unlikely to want to sign it. You also don't want to sign under duress or because you are too close to your wedding to let it stop you from getting married.
Why are prenuptial agreements beneficial?
Prenuptial agreements help people know what will happen if a divorce takes place. This is a major benefit since you won't have to worry about specifics if your marriage ends. However, you won't want to sign in every situation.
Why avoid signing a prenuptial agreement?
If you want the state laws to apply to your case, don't sign your prenuptial agreement. The state laws always dictate how to divide property in the case that no prenuptial agreement is in place.
You also shouldn't sign if you don't plan to add assets. For example, if you're married at an older age and already have assets in your own, independent name, a prenuptial agreement might not be necessary.
Every case is different, so it's a good idea to sit down with your attorney to discuss the possibility of a prenuptial agreement. It might not be the right choice for you, or you could find that it's exactly what your marriage needs as security.