A Harvard Law School Takes a look at Prenuptial Agreements

What is The calculate that Most People, Don't Have a Prenuptial Agreement?

A recent issue of a paper by a Harvard Law School Olin Fellow explains that about 5 percent of married people have such an agreement, although the facts are that more then 50 percent of marriages end up in a divorce. This Harvard Law graduate explains what she has discovered.

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What Inspired Her to research the Facts on Prenuptial Agreements?

The facts are that more then half of marriages terminate and these once loving couples end up in disunion court, and a diminutive 5 percent have prenuptial agreements in place. Most of the perspective mates upon deliberation determine that if they bring the possibility of a prenup up to there would be intended, it suggests that they are planning for divorce, she concluded. She would research why couples were not protecting themselves with prenuptial agreements.

What is the calculate Couples Contemplating Marriage, don't have a Prenuptial Agreement?

The two main reasons that forestall people from asking their perspective partner to sign to a prenuptial agreement.

First of all, as stated previously the majority of couples feel it predicts doom to advise a prenuptial deal to their perspective partner. Rumor has it that when Jennifer Lopez asked Ben Affleck to agree to a prenup, Ben Affleck ended the relationship.

The other calculate is the majority of couples believe that in spite of the statistics showing that more then half of all marriages end in divorce, it will never happen to them. They believe their there love will overcome any possible obstacles that can occur in their relationship and that their foundation is unbendable and more carport then most people, and disunion will never happen.

Is it true as the courts have stated that prenuptial agreements are not really contrary to promoting the stability of marriage?

The reality is a Prenuptial deal can create a situation where the marriage will be more difficult to terminate rather then easier to end. You can produce a prenup that states disunion can not happen unless a travesty has occurred, like being unfaithful or whatever you determine is important as a couple. And in contrast, the majority of states accept no fault divorce.

Is it a fact that when prenups have further education also divisions of assets and state exact provisions when a disunion can occur, be upheld in court.

To the best of my comprehension this type of Prenuptial deal has not been tested in disunion court. In past years every state insisted that a spouse show fault before a disunion could be granted. But there are states that accept an deal for a "covenant marriage" where one spouse will be required to show fault before filing for divorce. It would be unlikely that any court would limit a couple's prenup because it has requirements for a divorce.

Are children of disunion more likely to have a Prenuptial deal before they marry?

Shocking as it seems, the talk is no! As stated previously the reasons couples don't have a prenup in place is not logical but emotional. Neither partner wants to create a situation that predicts doom. There are also other requisite factors that should be mentioned. 1) If one of the partners has wealth, it is likely they will insist on a prenup. If you are married it is unlikely you will ask for a prenup. 3) Women will normally not insist on a prenup.

Would you advise that Prenuptial Agreements be Mandatory?

It is important to understand why a prenuptial deal is a win, win situation for both parties. After examining the research above, I would advise a prenup. A mandatory prenuptial deal would be beneficial to couples. It would eliminate that uncomfortable consulation of bringing up the matter because every person would be required to deal with it as a matter of law, even if they feel they will never divorce. Also the convention may eliminate unrealistic optimism of what the hereafter may bring. Since every person that marries will have a prenuptial deal it will create a smoother transition into marriage. If this law was in place maybe Jennifer Lopez and Ben Affleck would still be together?

A Harvard Law School Takes a look at Prenuptial Agreements

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