Achive for May, 2016

When it comes to the thorny issue of prenuptial agreements, there can be a very real difference of opinion between the financial advisors who recommend them to couples and the lawyers tasked with negotiating a final contract. On the surface, a “prenup” might seem to be a sensible, if unromantic, safeguard against the breakdown of a legal relationship, comparable to life-insurance or a power of attorney, but the reality is anything but simple. In many cases, a prenuptial agreement, at best, amounts to a shaky substitute for the strong financial understandings that underpin successful first marriages, while at their worst, qualify as the coerced waiver of legal marital rights by the financially weaker (though legally and morally equal) party. That’s to say nothing of the emotional damage a prenup can cause early in a marriage, the potential strain it can place on the weaker party’s relationship with in-laws, nor the disregard the prenuptial prerogative shows for the fair and balanced contingencies already written into the DNA of marital law.