Prenuptial Agreements on the Rise

A recent survey of divorce lawyers shows that 80% of them say prenuptial agreements have been on the rise for the past five years.

"It can be a sensitive subject, but in the same way you would discuss your future goals and dreams with a partner, prenuptial agreements can often represent the best way to ensure the needs of both parties are considered in the event of divorce," said Cheryl Lynn Hepfer, president of the American Academy of Matrimonial Lawyers – the group that conducted the poll.

"A married couple hopes never to have to enforce the terms of a prenup, but they also realize divorce proceedings could be much more unpleasant without such an agreement in place," she continued.

The survey also shows that it's not just older rich men and their trophy wives getting prenuptial agreements anymore. Today, those who are getting the most prenuptial agreements are middle-class couples between the ages of 40 and 60 – the baby boomers.

“Baby boomers are often entering their second or third marriage,” said Hepfer. “They're a little bit more worldly, and they often have significantly more assets than the younger folks getting married.”

The survey showed that not only are more prenuptial agreements more common, they are including provisions for increasingly curious items, and making stranger demands.

The survey asked lawyers about the strangest items they've seen included in a prenuptial agreement, and 31% noted provisions for family pets, including reptiles, but a few of them described agreements that included terms for sex frequency, housecleaning duty delegation and scheduling, and limitations on spousal weight gain.

Usually, those who enter into prenuptial agreements are more interested in keeping their homes, and making provisions for how their assets will be divided.

Considering a prenuptial agreement? Please contact us for a free consultation with an attorney who is experienced in all divorce and family matters.

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