Getting engaged will undoubtedly be one of the most romantic moments of your life. When picking out caterers and tasting cakes, drafting a prenuptial agreement probably won’t be on your mind. There is a reason why family law attorneys encourage every engaged couple to create a prenuptial agreement, though. At the end of the day, having an agreement in place will protect both parties in the event of a divorce. However, because of the countless misconceptions about prenuptial agreements, many couples opt to get married without one. 

3 Common Misconceptions About Prenuptial Agreements

1. Leads to Divorce

When one party asks for a prenuptial agreement, it may prompt the other person to feel insecure about the relationship; however, asking for one does not necessarily mean you intend on getting divorced someday. Instead, think of it as a kind of insurance policy to protect you in all eventualities. Just as you do not purchase car insurance with the intention of getting into a collision, you do not draft a prenuptial agreement with plans to divorce.

2. Isn’t Necessary if You Have Few Assets

Prenuptial agreements are not just for those who are incredibly wealthy. Even individuals who have not accumulated significant assets can benefit from drafting one. For example, with help from a family law attorney, you can include future assets you will likely acquire in the agreement. You can also include terms detailing the children's inheritances and the succession of any small businesses. 

3. Can’t Override State Law 

Like any other contract, a prenuptial agreement can contain ambiguous terms that are not enforceable in a court of law. In general, though, prenuptial agreements are legally binding, and their terms can override those of state law. To ensure your document will hold up in the event of a divorce, draft it with the help of a seasoned attorney. 

If you need help creating a prenuptial agreement, turn to a family law attorney at Arndt Buswell & Thorn SC in Sparta, WI. This full-service firm is comprised of strategic professionals who have more than 25 years of experience representing clients throughout Monroe County. Whether you need guidance with estate planning or bankruptcy proceedings, you can rely on them for comprehensive counsel. To request an initial consultation with a family law attorney on their team, complete the form on their website or call (608) 269-1200.