21 of 25

Yes

Write now Article Tools

It's absolutely beneficial for couples to sign a prenuptial agreement before getting married. But for something like this to be made mandatory, a few changes in common use and perception need to be made.

As they stand currently, prenuptial agreements are drawn up by one side or the other to screw over the other person or keep from being screwed over by that person. In order for a compulsary agreement to be justifiable to people, common practices have to evolve to the point that mutually beneficial conclusions are the norm.

That more than likely will mean having the agreements reviewed or drawn up by a neutral third party that can explain in plain language to both sides what rights and real property the document entitles them to as those assets are currently, and as new assets and property are acquired in the future. No longer would it be acceptable for a attorney representing only one side to draw up the document, since not having this kind of protection and making the agreements compulsory could potentially do more harm than good.

In order to illustrate how this could make things worse if not handled properly, consider the following. As the law exists now, it already assumes an agreement has taken place. As with most agreements recognized by the law, there are certain assumptions about the arrangements that are made if not detailed in writing at the time the agreement was entered into. When two people enter into an agreement to form a business and assets are acquired, it is assumed by the law that both the assets and liabilities of the business are shared equally by the two partners. Fifty-fifty. The same goes for marriages where a written prenuptial agreement does not exist, property is assumed to be shared evenly between both parties. The prenuptial agreement is viewed as any other contract. It makes the specific details of the arrangement between two individuals admissible and binding.

In order to make a compulsory written agreement beneficial, I believe it would have to have two parts. For couples with no real assets or property to protect it would come in a standard format that replaces the assumed agreement in the state's eyes when they issue the marriage license. And when the standard agreement doesn't satisfy, each side would have to be required to hire a lawyer that would create a tailored agreement.

Granted both of those measures occur, making people sit down and plan what they'll have to do to support themselves, decide who will take care of the children, and really think about the financial and personal implications of getting married will absolutely be a good thing.

Learn more about this author, Troy Norris.
Click here to send this author comments or questions.

Add your voice

Know something about Should it be compulsory for couples to sign a prenuptial agreement before marriage??
We want to hear your view. Write now!