If you think about it, all marrying couples enter into a “prenuptial agreement” of sorts that has many terms and restrictions no one wants to think about, but everyone should consider carefully. It’s generally referred to as “divorce law”, and couples who marry without a properly drafted prenuptial agreement are agreeing to endure the uncertainty, expense and terms of the default rules under the applicable divorce laws. Couples who go through a divorce without the guidance of a properly prepared prenuptial agreement have to fight for their protection under a default set of rules and laws that they might never have knowingly agreed to, had they understood the terms of that common law “prenuptial agreement”. A properly drafted prenuptial agreement allows both spouses to take control of their destiny in the unfortunate event of a separation and divorce, by pre-negotiating the path of least resistance and best interest for both parties.
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