The Multi-Millon Dollar Question: Pre-Nup Or Not?

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Russell Wilson and Ciara are both successful and rich.  They are both stars with extraordinary futures.  Neither needs the other’s money.  Neither needs the protection of a pre-nuptial agreement.

Pre-nuptial agreements are designed for couples planning marriage that have diverse incomes and assets.  The agreements are intended to limit the economic loss of the rich spouse during divorce, while guaranteeing the poor spouse a pre-agreed amount of money and assets.  If neither spouse needs the protection there is no need for the pre-nuptial agreement.

While pre-nuptial agreements can provide economic protection to both spouses, there are several down sides to such agreement.

First, the agreements cast a dark negative shadow on the potential success of the forth coming wedding.

The agreement is only used when the marriage fails.  Demanding the agreement tells your soon to be spouse that you think there is a high likelihood the marriage will fail.  If you believe the marriage will be life long, why do you want a pre-nup?

Second, pre-nups are expensive.  If the agreement is to be upheld, it must be drafted by a very knowledgeable and experienced attorney.  The wealthier spouse must hire a separate attorney, CPA, and financial advisor to independently counsel and advise the future spouse.  This gets pricey fast.

Third, courts disfavor pre-nups.  Many Courts look at pre-nups as a way for the rich guy to cheat his wife out her fair share of earnings and assets accumulated during the marriage.  Many Judges look for reasons to ignore the pre-nups.  The weaker spouse could have been coerced.  The richer spouse may not have made a full disclosure of his assets and earning potential.  The weaker spouse may not have understood what she was signing.

The good news is that Russell and Ciara do not need a pre-nup.  They can take care of themselves.

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