Insights From Real Prenup Projects on ContractsCounsel
If you are considering getting a prenuptial agreement for an approaching marriage, you're not alone. Thousands of people use ContractsCounsel to hire lawyers for help with prenups every year.
We analyzed a large sample of real client responses to questions we ask when posting a project so that we can better understand the goals and concerns of people drafting prenups.
Wherever you are in the process, this guide will give you a better understanding of issues clients need to think through and how other clients respond.
Question: Have you discussed the prenup with your future spouse?
Answer: Yes - nearly all clients have discussed a prenup with their future spouse.
Most clients who draft prenups have already discussed it with their future spouse before hiring a lawyer. Very few clients move forward without having this conversation first.
Takeaway: Having the discussion upfront is important but often the hardest step. Before hiring a lawyer, it is best to speak to your future spouse about getting a prenup or consult a lawyer on how to approach it. It will help with the downstream process.
Question: How soon before a wedding do clients get prenups completed?
Answer: Timing varies. Some prenups are completed months or years ahead and others are last minute.
The data shows wedding dates ranging from a few weeks away to multiple years in the future. Some clients did not have a set wedding date. Others were days away from civil ceremonies and rushing to get a prenup done.
Takeaway: Get your prenup done as early as possible. We recommend completing a prenup well in advance of a wedding to avoid last minute complications, higher fees or claims of coercion.
Question: What are people’s biggest priorities when drafting a prenup?
The most common priorities clients have are:
- Protecting assets acquired before marriage (i.e., assets acquired before marriage)
- Keeping debts separate (i.e., student loans, credit cards or business debts)
- Protecting inheritances
- Shielding assets for children, especially in second marriages
- Clarifying spousal support in the event of a divorce
- Keeping business ownership/interests separate
- Setting clear rules for asset and debt division in case of divorce
- Ensuring fairness and legal enforceability
Takeaway: Priorities for prenuptial agreements vary based on your situation and can range much further than protecting assets. Think about your entire situation and make sure you understand what you want the prenup to accomplish.
Question: How do clients want assets acquired before marriage (premarital assets) treated?
Answer: Nearly all clients want to keep premarital assets separate.
Nearly all respondents want to keep assets acquired before marriage separate, which can include things like real estate, savings, retirement funds, and business ownership. Some do provide for exceptions or allow for partial sharing, but most want strong protection for premarital assets.
Takeaway: Nearly all clients want premarital assets separate.
Question: How will earnings during the marriage be treated?
Answer: This varies and often depends on the couple’s preferences or what State law says.
Some clients want to keep income during marriage separate, when others treat it as marital property. There are others who choose a hybrid approach, doing things like defining separate bank accounts and shared accounts.
Takeaway: How income during marriage is treated will depend on the agreement with your spouse and can be planned in a variety of ways. Legal advice is crucial here as well given some laws vary by state.
Question: How will debts acquired during the marriage be treated?
Answer: Many clients want it separated, but some want to treat marital debt jointly.
Many clients prefer to keep debts acquired during the marriage separate – like business loans or credit card debt. Others agree to treat marital debt jointly, which is often based on the type of debt.
Takeaway: Client should clearly think through what type of debt they want to keep separate versus debt that would be considered marital debt – if they want to keep debts separate. This can be as important as dividing assets and is often not considered.
Question: What are common concerns people have about prenups they are asked to sign?
Answer: For future spouses that are asked to sign prenups, common concerns include:
- Ensuring the prenup is legal and enforceable
- Making sure the agreement is fair to both parties
- Protecting children from a previous marriage
- Handling cross-border enforceability (i.e., international couples)
- Preserving future inheritance and family assets
- Clarifying spousal support or alimony
- Including optional clauses for things like pet ownership or infidelity
Takeaway: If needing to review a prenup, a good lawyer can help ensure the agreement reflects your priorities and is enforceable in court.
Final Thoughts on Prenups
Prenuptial agreements are becoming more popular and can be a smart and proactive step for many couples. People who hire lawyers are often focused on fairness, clarity, and long-term protection. Having a prenup in place is a good way to set expectations and peace of mind.
Need help drafting or reviewing a prenup?
ContractsCounsel makes it easy to find a lawyer for your prenuptial agreement. Post your project and get free quotes from vetted lawyers in our network.
