Top Reasons Why Prenups Are Bad for Your Marital Health
A prenup is a legally binding agreement that a couple enters into before they get married. It is generally referred to as a BFA – Binding Financial Agreement. The aim is to establish the assets of each party before marriage and then define how the assets will be divided if the coupe should ever divorce.
In effect, it is an attempt to ensure that the two parties involved don’t marry simply to benefit financially.
Of course, in reality this is still a possibility, you just have to stay married and spend your partner’s money for them.
It’s important to note that a BFA is legally binding. It can only be set aside by the court in limited circumstances, such as fraud or if one of the partners signed under duress.
It is important to take legal advice before signing a BFA. In fact, seeking legal advice before signing is a legal necessity and the associated lawyers need to sign to confirm advice has been given. That’s why it pays to contact a specialist in family law Sydney. This will help to ensure you get the best possible advice.
However, it should be noted that many people feel prenups are bad for your marital health. There are good reasons why this is the case:
It’s Not Give & Take
Most contracts are entered into knowing that there is give and take on both sides. Effectively both parties are giving up something knowing that the other part is also giving up something. This allows both parties to receive items fairly and creates a balanced relationship.
But, when you sign a prenup you are stating that your assets are yours and that, if you do divorce, you will take it all back. This can be especially harmful when one person stops a promising career to be the homemaker. They lose the opportunity to earn good money and can be in a very poor situation if the couple divorce.
This lack of consideration for the other person in the party reflects their personality and is a warning that things will never be fair in the relationship.
Bad Foundations
You can argue that a prenup prevents people from marrying someone just for their money. However, there is no way to sugar coat the fact that a prenup says you don’t trust your partner and you have no faith that the relationship will last. Yet, at the same time you are supposedly committing to a life together forever, ‘til death do us part’ remains a key part of any wedding ceremony.
A prenup instantly undermines the foundation of your relationship as you are already planning an exit strategy.
Undermines Family
It can be difficult to love and accept in-laws but every couple has to try. This is much harder when it is the in-laws who have the wealth and have insisted on the prenup. In short, their lack of respect for their child’s choices and you will make it difficult to create the loving family environment you want and need.
Most People Aren’t Ready To Sign It
You sign a prenup when you feel overwhelming in love and you’re not thinking about the future. That’s an issue as there can be far-reaching implications that you’re no even considering or aware of. In short, you’re not really emotionally or physically ready to sign it.
If you want a marriage based on trust and love, a prenup is not the best solution.
