A few months ago, at my boss's request, I drafted my first (and hopefully last) prenuptial agreement for a couple in their late 60s. The initial meeting was awkward as I attempted to determine why exactly they needed such an agreement given their very modest assets. I finally learned that one of the parties wanted to ensure that a residence would ultimately become her children's property upon her death.
As we proceeded to draft the prenuptial agreement and wills, things, at least in my mind, went downhill. At one point, I found us itemizing who had paid what portions of items they'd jointly purchased and what they had assured me was a simple will and prenuptial agreement quickly became complicated and petty. Her resentment and their lack of communication became evident. The agreement was finalized and signed just hours before their wedding.
Guess what? After three months of marriage, they are calling it quits. One of the parties has called and asked me to handle the annulment or divorce, but thankfully our firm is conflicted out since I drafted the prenuptial agreement and wills (plus I generally do not handle domestic matters). I know that I'm unaware of the circumstances but three months?
So there you have it. Prenuptial agreements are written in contemplation and preparation of divorce*. Blake & I haven't discussed how we would like for the dissolution of marriage to occur because we do not plan on that happening. We don't want a contingency plan or escape hatch. I have to wonder if this couple spent nearly the time or resources trying to save (or plan for) their marriage that they did on this prenuptial agreement. I wonder how the divorce rate of couples with prenuptial agreements compare to the typical rate. Regardless I'm hoping this couple will reconsider and give their marriage more than a few months of effort.
p.s. I'm grateful that the sun is out today and that I only have 2 more days of work after today.
* I realize there are sometimes extraordinary circumstances that may necessitate a prenuptial agreement to protect a shared family asset, etc.