According to a study published by the market research firm Harris Poll in 2022, 15% of married or engaged participants had signed prenuptial agreements prior to their marriages. This is a remarkable leap from the 3% of couples who signed prenups in 2010. While prenups may only seem practical for couples with vast amounts of property and income, many couples throughout the country are recognizing the practical benefits of signing prenuptial agreements.
These practical benefits have long been at the forefront of Attorney Kirk Stange’s work. As the head of Stange Law Firm, the second-largest family law firm in the country, Kirk Stange has observed many marital and family-related disagreements leading to legal proceedings. Although its headquarters are in Clayton, Missouri, Stange Law Firm has worked on countless family law cases through its 26 offices in 7 states, including Iowa, Illinois, Indiana, Nebraska, and Kansas.
For his work with the firm, Kirk has been named to Missouri Lawyers Media’s POWER List for Family Law. He is also the author of a book about this specific topic, titled Prenuptial Agreements Line by Line. Through his more than a decade of experience in family law, he has developed a perspective on prenuptial agreements that may result in helpful insights for couples considering signing a prenup prior to their marriages.
Kirk advises, “Prenuptial agreements can simplify a divorce enormously. A prenuptial agreement can take divorce issues such as property and debt division, spousal maintenance, and attorney’s fees off the table.” This advice is consistent with the common issues and talking points that define many divorce proceedings. Disagreements on individual property, assets, and finances tend to dominate legal proceedings related to the dissolution of marriages.
It can be challenging to come to an acceptable agreement regarding cars, down payments on houses, and retirement plans. Furthermore, it can be unfavorable to let a judge decide how to divide a couple’s property if they cannot come to an agreement. A prenuptial agreement can greatly simplify this process, result in a better agreement ahead of time, and save a couple much stress and heartache.
Kirk also observes, “In cases where there are no kids, a well-written prenuptial agreement can fully resolve all the issues in a divorce. Where there are kids, the only issues that would remain on the table would be child custody and child support-related issues.” This is important to note because prenuptial agreements are generally not allowed to include child custody and child support terms. Family courts will have the final say over issues related to a married couple’s children, making judgments based on what they consider to be the children’s best interests.
While there are a variety of reasons why a couple may not want to sign a prenuptial agreement, there are also several reasons why it can be a wise decision for the future. Prenups may not be ideal for every couple, but some couples should consider whether a prenup is the best option for their needs and desires. Interested parties should consult with an experienced family law attorney if they are considering signing a prenup.