A prenuptial agreement isn't about planning for divorce; it's about customizing the legal and financial terms of your marriage contract. If you don't create your own, you are implicitly accepting the default contract written by your state's laws, which may not align with your intentions.

This reframes a prenup not as a sign of distrust, but as a proactive choice. You can either accept the default legal contract the government imposes on your marriage (and can change at will) or create your own terms with your partner.

A growing trend in prenups involves clauses designed to protect second-generation wealth. Parents who plan to leave significant assets or provide ongoing financial support are now insisting their children get prenups to ensure family money doesn't become divisible marital property in a divorce.

Laura Wasser warns against clauses that nullify a prenup after a set number of years. Courts can view these as "promotive of divorce," creating a financial incentive for one spouse to end the marriage just before the clause activates, which could potentially invalidate the entire agreement.

Divorce attorney Laura Wasser explains that while people request clauses about infidelity, weight gain, or even household chores, reputable lawyers refuse to include them. These "lifestyle" clauses are typically not enforceable by a judge, rendering them useless if challenged and potentially weakening the entire agreement.

While a prenup is negotiated in good faith before marriage, a postnup often arises from a marital issue like infidelity. This timing can lead courts to view it as the first step in a divorce negotiation, not a marriage plan, making it more susceptible to being challenged and overturned.

Divorce can be financially devastating, potentially erasing decades of wealth through legal fees and asset division. Therefore, choosing a life partner is not just an emotional decision but a crucial financial one. Ensuring financial compatibility and considering a prenuptial agreement are vital risk management strategies.

A prenup is not about distrusting a partner; it's about distrusting the government's one-size-fits-all divorce laws. It empowers a couple to create their own rules for a potential separation while they are still in love, ensuring a fairer outcome.

Using the "lemon" analogy (one needs zest, the other juice), couples should avoid positional bargaining in favor of principle-based bargaining. By understanding each other's underlying fears and needs, they can find solutions where both feel protected.