Before entering your marriage and managing all things related to the household, future brides and grooms would certainly need to prepare their wedding documents. Oftentimes, while preparing these paperwork, some couples will also consider settling prenuptial agreements. As the name implies, a prenuptial agreement is an arrangement made before marriage takes place which will bind both partners legally. The contents may include distribution of assets and inheritance, debts and financial rights, as well as anything related to the responsibilities of the husband and wife.
If you are now planning a wedding, it's good to learn the pros and cons of prenuptial agreements before deciding to have one or not. Take a look at some we've listed below to help you come to a decision.
Pros:
1. Wise men say, be on guard before the storm. The advantage of couples who have separated their assets and debts through prenup agreement is if one of the parties is sued for bankruptcy or even, a fraud that can ultimately deplete their property, only the said party is responsible to redeem whatever is necessary. If there's no prenup made beforehand, then all the property of the household will be liquidated and thus, there could be a chance that even the basic needs would be difficult to fulfill.
2. Nowadays plenty of married couples desire to start a business together. With the separation of property and inheritance on the prenuptial agreement, there would be two separate sources of capital considered. This would especially be beneficial for couples who wish to build a Limited Liability Company which, according to UU No. 40 Year 2007 would need a capital source from at least two persons.
3. A prenuptial agreement will help to resolve issues concerning asset settlement that may arise from unpredictable household problems such as divorce or even death. Having the arrangement beforehand would spare you all the difficulties and even conflict with family members regarding inheritance and property separation. It's not that you are wishing or hoping for these things to happen, but it is a wise decision to prepare thoroughly as no one knows what's going to happen in the future.
Cons
1. Born and raised in Eastern cultures, some people might have their own perspective at how strange a prenuptial agreement can be. It could be considered as materialistic or selfish, especially since this agreement covers monetary issues that are sensitive for some. In fact, there could be a presumption that such agreement will dispel the holiness and sincerity of a marriage and make it like a mere business transaction.
2. For couples, it takes maturity and calmness to avoid misunderstanding when drafting a prenup agreement. Because, it had to be admitted that this particular area is a big source of conflict not only for the couple but also to the related families, which might even lead to the wedding being cancelled if the parties refuse to settle with a cold head.
3. The procedure of creating a prenup with an attorney will be costly. A wedding is already quite an expense, and on top of it you still have to pay for the legal services in producing the agreement. Which means, you have to calculate and provide an extra budget for this matter, in addition to the existing wedding expenses.
After visiting these pros and cons, find the right time with your partner to discuss about whether or not you will be having the prenup agreements. What are your thoughts regarding this topic? Tell us in the comments section below!
