Can Prenuptial Agreements Improve the Chances for Successful Marriages?

A recent study conducted by the Harvard Law School addressed the misconception that a prenup increases the likelihood of divorce.  It concluded that a solid prenuptial agreement is likely to improve the chances of a successful marriage.

The study's author, Heather Mahar, argues that the division of assets is "the least compelling reason for average American couples to consider prenuptial agreements, since most couples do not enter marriages with significant assets."  However, "for couples who choose a traditional partnership, with one spouse exiting the workforce to raise children, agreeing in advance about how to divide assets earned during a marriage or potential future earnings can protect the stay-at-home spouse against divorce laws, which have generally eliminated long-term alimony."

This study contends that the process of creating a prenup acts as form of premarital counseling, making couples talk about what kind of marriage they want, and what legal ramifications there will be if one spouse veers off course.

Source:  "New Study Promotes Prenuptial (Prenup) Agreements for Successful Marriages" published at eMediaWire.  Thanks to Jeffrey Lalloway of the California Divorce and Family Law blog for his post about this article.

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Thomas Huffman - April 2, 2008 3:02 PM

Will South Carolina family court recognize a postnup legally executed under Colorado law while the couple were residents of Colorado and are now divorcing as residents of South Carolina?

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