The details of celebrity break-ups make great fodder for supermarket tabloids. However, it’s an unfortunate reality: many of the costly disputes that arise from failed high-profile marriages, like that of Tom Cruise and Nicole Kidman, are the same issues that plague most "regular" couples. And just as in Tom and Nicole’s very public divorce, many of those disputes could have been avoided with a clear prenuptial agreement.
Just because Hollywood paparazzi isn’t likely to follow you to the courthouse, many of the messiest details of divorce proceedings can easily be prevented by entering into a formal agreement long before you walk down the aisle. Such agreements are ideal in any of the following situations:
- When one or both parties bring wealth to the marriage
- When one or both parties bring debt to the marriage
- When one or both parties owns or stands to inherit a business or estate
- Couples entering into a second marriage
- When either party has children
The key to a successful prenuptial agreement is simple: remove emotion from the process. Often, misplaced sentimentality makes couples uncomfortable discussing a prenuptial agreement. However, rather than viewing the agreement as a contract that will doom the marriage to failure, a "prenup" should be seen as a method of protecting one’s children or financial future – much like a will or an insurance policy. Few people would call off the wedding because their future spouse wanted to provide for his or her offspring in their will. Additionally, it may be advisable for both parties may have separate legal counsel.
As more couples marry later in life, individuals are likely to accumulate substantial wealth or debt before they tie the knot. Both parties should enter the marriage protected from debt they did not accumulate and protecting wealth built prior to getting married. Also, many individuals have inherited or stand to inherit an estate, the rights to which must also be considered.
Wise couples will openly discuss and plan for a prenuptial agreement long before the day or week of their wedding. Minutes before you walk down the aisle is not the time to present your bride or groom with an agreement. Proper planning and frank, unemotional discussion are likely to result in peace of mind, protection and openness that can provide a solid foundation for a new marriage.