While the United States Supreme Court passed its landmark civil rights decision in favor of same-sex marriage in Obergefell
So it's your wedding day and you're about to say those two little words. There's something niggling at the back of your mind that you've haven't got around to organizing... Food? Ordered and paid for. Presents for the in-laws? Check. Prenup? Ah. Oops.
Couples don't get married with the intention of breaking up. They enter a marriage with the intention of staying married and spending their lives together. With that being said, it is very difficult to spend time during an engagement discussing the "what if's" of divorce.
Sounds about right.
Don't let the word "prenup" scare you. Here, the true definition of a prenuptial agreement, plus seven reasons couples get them.
Times have changed. In the not-too-distant past, prenuptial agreements were not for everyone. The vast majority of people got married without one. The general consensus was that such agreements were only for the 'rich and famous.' In today's climate, people are seemingly more sophisticated than in the past.
The "temporary incompetence" of clients due to their emotional state and the attorneys' paternalistic attitude toward clients create a lack of understanding on the part of both the attorney and the client. This is the legal equivalent of a ship that hits rocks, runs aground, veers off course, and possibly sinks.
We all hope for the best when we get married, imagining that we will still be head over heels, 40 years down the line. And even though for some of us, inevitably that will not be true, we all benefit from believing it is.
I started suggesting to clients, who approached me about prenuptial agreements, to consider formulating them through mediation. It turns out it is a wonderful way to do a prenup. At the end, the parties feel fairly treated, and the resulting prenup is not overreaching or over-restrictive.
Interestingly enough, even American Academy of Matrimonial Lawyers members in the states that currently don't allow same-sex marriage have noted an increased number of consultations with same-sex couples to discuss cohabitation agreements and other legal strategies.