With a Pre Nup Litigation can be avoided, and a framework agreed to by the people themselves is more likely to be considered fair. .Again, in some way it enables people not to continually look over the shoulder at the first signs of problems, but to focus upon renewal.

The law in the USA to varying degrees is that after divorce assets tend towards being split equally; whether there are exceptions for pre marital assets or not. Fault plays a limited role. At the same time, almost paradoxically, as a solution to obviating the issues consequent on the new rules, prenuptial (and indeed post nuptial) agreements are now almost universally accepted.

The problem with requiring prenuptial agreements to alter the status quo, is that they are not the first thing to think about with marriage between two loving individuals, and they tend to inject an element of distrust into the affair. Perhaps this is the taboo that still needs to be broken down, as it will with familiarity and increasing use.

The requirements for a valid prenuptial agreement depend  on each State. However, there probably needs to be full disclosure of assets, no coercion, and a fair agreement given all the circumstances. Fair does not mean equal, but does mean even handed, without deception, and not over-reaching. Even then, not all terms will be valid. For instance, a provision relating to child custody is not in the interests of the child or in many States where even child support is adversely affected [Uniform Premarital Act 1983, but see Virginia modification].

We believe strongly in determining ones own futures, and this extends to prenuptial agreements. However, there are many aspects to consider and it is best done with help from those who have seen the perils of marriage breakdown and an attorney. .Attorneys can provide the framework for a delicate and otherwise problematic – hardly romantic – discussion. The great advantage is that there is no personal animosity at this stage, so the role of the negotiator is quite informational.

A prenup can be as wide ranging or limited as desired, need not be confined to divorce issues, and  should result in a cheaper and longer lasting solution than divorce court.