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3 common prenuptial agreement problems

The benefits of a prenuptial agreement — as a kind of emergency divorce action plan — are clear. Spouses who create these documents tend to benefit from easier, faster, less stressful and costly divorce proceedings. However, there are also some downsides to prenuptial agreements that couples need to know about before they enter into them.

Here's what you should know about prenuptial agreements:

Some spouses get insulted when asked to sign. It's important to remember that some people aren't on board with the logic and reasoning behind prenuptial agreements. These individuals worry that signing a prenuptial agreement indicates a lack of faith in the marriage. In fact, it's not unheard of for couples to break up before their wedding due to one spouse's negative perceptions about prenuptial agreements.

Some prenuptial agreements are lopsided and unfair. Prenuptial agreements aren't always fair to both sides. Although courts tend to throw out grossly unfair prenups and refuse to honor their terms, there's also the risk that a court will honor them. It's vital for spouses to fully understand what they're getting into — and to listen intently to the objective opinions of private legal counsel — before singing one of these documents.

It's difficult to predict the future. Spouses never really know what their circumstances are going to be like in the future, but a prenuptial agreement attempts to predict the terms of a future split and then create a legally-binding contract to govern it. This is risky. Then again, marriage is also risky, so it's important to balance all these risks when drafting an appropriate prenuptial agreement.

If you feel you and your soon-to-be spouse could benefit from a prenuptial agreement, learn more about the ins and outs of premarital agreements now.

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