Divorce With Respect

A new approach to prenups: Making it emotional

On Behalf of | Dec 20, 2018 | English, Family Law, Firm News | 0 comments

People often shy away from conversations about prenuptial agreements because it feels gauche or unromantic to talk about the possibility of divorce before getting married. In these cases, the recommendation is to try to leave emotions and personal beliefs on marriage out of the prenuptial conversation. Instead, couples should focus on being logical.

That being said, a benefit may exist to taking an alternative approach when discussing prenuptial agreements. As one recent article notes, younger couples are embracing the emotional aspects of marriage and divorce. Rather than setting aside emotions, young couples are using the agreement to protect them.

The emotional investment of marriage

The author of the article states that she used her prenuptial agreement to protect what she calls the “emotional investment” of marriage. In her agreement, she and her husband-to-be agreed to undergo counseling before divorcing. More specifically, they agreed to attend one counseling session for every year of marriage they had reached if they were at the point of considering divorce.

Of course, most people will use a prenuptial agreement to protect their physical assets and investments. But this approach shows that people value much more than their property when it comes to ending relationships.

Being both realistic and emotional

It is also worth noting that young couples are more realistic about the possibility of divorce. Rather than assuming it will never happen because they are promising to stay married forever, millennial (and younger) couples often recognize that marriages can end for reasons that they cannot possibly predict. And increasingly, couples do not have the same religious or cultural pressures to stay in an unhappy marriage that older generations may have had.

Further, because many people are children of divorce themselves, they have first-hand knowledge as to the emotional impact of divorce on children. Therefore, they can see the importance of avoiding unnecessary conflict and coming to agreements peacefully, both of which are goals that a prenup can achieve.

Whether you take an emotional or strictly logical approach to this contract, talking about a prenup can be crucial. Every individual has their own perspective and goals, and both the conversation and the agreement should fit with your specific situation.