Reply to Prenupt/Marital Agreement - Do you have one and thoughts on getting one

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[quote=Anonymous]Now that we're married it's called a marital agreement but it's basically the same as a prenupt.  We've discussed getting one and we're generally in agreement on what is fair and I'm wondering if we should formalize our agreement.  I've heard several variations of the "don't plan for the marriage to fail" and "you should know the person you marry well enough" etc. so I'll pre-emptively provide my response to that.  Statistically the frequency of divorce is high so I think it would be foolish for us to assume it couldn't happen.  After all, ask anyone who is divorced if they thought it would happen at the time they got married and hopefully they'd say no.  In addition, reading several of the threads on divorce and people on both sides can become monsters during a divorce so just because someone is reasonable now doesn't mean they would be if things don't work out.  We're both in it for the long run but recognize that unfortunately sometimes things don't work out even for the best of us.  Maybe in some ways its like car insurance where you hope you never have to use it.

The pros would be eliminating uncertainty in the event of divorce as you never know what a judge will decide which is huge for us.  I think/hope it would also reduce attorney expenses/litigation costs because you have a formal agreement.  The only negative I can see is the cost although I'm not really sure what it would be for a basic prenupt.  It might increase the likelihood of divorce by making it logistically easier for either of us to walk away but I'm not sure if this is a pro or a con as this the logistical difficulty of a divorce isn't a great reason for two people to stay together.

This board has given me a lot of helpful input on other issues so I'm hoping you guys have some thoughtful insights on either pros or cons or your experience with such an agreement.[/quote]

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