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St. Charles family law attorneysIf you are feeling a heightened sense of anxiety since having the prenuptial agreement talk with soon-to-be spouse, you are not alone. Many engaged couples experience great trepidation when considering the idea of creating a prenuptial agreement. Whether you were the one who had to initiate the discussion because you would like your partner to sign one, or you are the one who was asked to sign, the subject of prenups and hypothetical divorce can be touchy and downright uncomfortable for both parties in a relationship.

The Marriage Business

One of the most obvious reasons the concept of a prenuptial agreement is so uncomfortable for some is that the idea seems to imply by signing one, you are essentially planning to divorce before you are even married. The mere mention of a prenup can be offensive to a person, making the conversation about whether or not to sign very difficult. It is natural to feel as if you need to tread carefully with the discussion. However, every couple, regardless of circumstance or which stance they take on the subject, can benefit from reminding themselves what psychology experts reiterate for us all: Marriage is a business relationship, whether we like it or not.

Here are three reasons engaged couples experience serious apprehension over the idea of signing a prenuptial agreement:

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St. Charles prenup attorneyWhen you enter into a marriage, you are promising to share everything you have with your partner. Sadly, not all marriages will end happily ever after. A divorce can be a messy process, but if a prenuptial agreement is put into place before a union, the process of dividing assets during divorce can be made more simple.

According to the Illinois Uniform Premarital Agreement Act, a prenuptial agreement is a written agreement signed by both partners planning to enter into a marriage. Both parties must be comfortable with the agreement without pressure from either side.

What Does a Prenuptial Agreement Protect?

A prenuptial agreement is a tool that will specify how a couple’s businesses, finances, or property would be divided between the two parties should a divorce happen. When creating a prenup, both parties are required to fully disclose their respective finances to each other to ensure that they have a full understanding of their financial situation and can weigh this information when making decisions about how to divide assets. Once all assets have been identified, the parties may decide what happens to each asset and whether specific assets will be considered marital property that must be divided during divorce or separate property owned by one spouse.

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