Tuesday, May 22, 2007

Prenups are a good reality test for couples

It's easy for brides and grooms to get caught up in the romance of planning a wedding. Choosing a bridal gown and sampling wedding cake are just the type of activities that conjure up images of wedded bliss from here to eternity.

However, today's legal experts recommend that if if wedding bells are in your near future, you should prepare a prenuptial agreement -- even if you're not a celeb or a trust fund baby.

"Given today's divorce rate," one lawyer advises, "It's a good reality test. It can serve as a warning for more serious issues in the marriage."

However, they warn, even bringing up such a legal agreement is likely to create some relational strife. Some people, for example, interpret prenups as one person is thinking the marriage won't last and, in effect, is planning for its demise. They argue that it implies you don't trust each other.

But it's not true, says Vicki Fitzsimmons, associate professor of family and consumer economics at the University of Illinois. "It doesn't presume there'll be a divorce, because you're deciding these things ahead of time.''

Attorneys recommend a prenuptial contract especially if this is a second or subsequent marriage where either or both parties have assets they want to protect, particularly for their children. Even with a first marriage, if assets are unequal, the person with more may want to protect what he or she has.

With young people, if some of those assets have come from a trust fund or inheritance, some parents will encourage their adult child to get a marriage contract.

If your marriage does end in divorce, prenuptial contracts usually will be upheld in court if they have been properly witnessed and are considered fair to both parties.

The cost to draw up a marriage contract varies greatly, from $500 to five figures. While people can do their own, experts don't recommend it.

''You can do it yourself, but lack of knowledge often leaves room for dispute later,'' David says.

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