For some couples, a prenuptial just makes sense. In many cases, there may be important assets to protect, while in others, debt incurred by one party may play a role. Whatever the reason that an Oregon couple feels drawn to utilize prenuptial agreements, it is important to note both what it can and can’t stipulate.
Prenuptial agreements are not contracts that dictate how either partner in the marriage must act. Anything related to grooming habits or personal annoyances is not enforceable. Contrary to a common belief, a prenuptial also may not outline any repercussions for undesirable acts, such as cheating or lack of sexual activity during the course of the marriage.
What it can do is provide protection to both parties in the case of divorce. While a young couple with little to no assets may not feel that they need a prenuptial, this agreement can be vitally important to anyone with substantial assets, debt or children that they would like to protect in the case of a divorce. In order to utilize a prenuptial agreement properly and to the benefit of both parties, the first step is to read up on state laws. Laws vary from state to state, so it is important to always be aware of the rules in a couple’s state of residence.
Some individuals might fear that bringing up the subject of prenuptial agreements might zap the romance out of a relationship. However, there is nothing inherently unromantic about wishing to protect both parties should the marriage unexpectedly end in divorce. After determining whether a prenuptial agreement is the right course of action for a soon-to-be married Oregon couple, ensuring that both parties are financially taken care of and protected in the event of a divorce can be a first step toward a solid marriage.
Source: The Huffington Post, Unpacking Prenuptial Agreements, Caroline Choi, Jan. 31, 2014