• 05
  • January
    2012

Are prenuptial agreements detrimental to a marriage?

A prenuptial agreement sets forth the division of assets and responsibilities of a marrying couple should their marriage result in divorce. It allows parties to protect existing valuable assets from being included in the division of assets accrued over the duration of the marriage. While it is beneficial for some, is it necessary for most couples getting married? Celebrities and athletes would argue it is very important. For example, a Hong Kong woman recently received a $156 million USD divorce settlement from her husband of eight years. The article does not disclose whether there is a monthly spousal maintenance award included or separate from the divorce settlement. Hulk Hogan recently found out that his former spouse will be taking 70% of the liquid assets amounting to a little under $7.7 million USD. Kobe Bryant anticipates his wife will receive $75 million USD not including spousal and child support obligations because the parties do not have a prenuptial agreement.


Some may argue that the existence of a prenuptial agreement sets forth a bad precedence for the marriage; that the party wanting a prenuptial agreement does not trust their soon-to-be spouse or does not expect the marriage to last forever. Others may argue that it encourages parties to establish open communication about their assets with the other spouse because failure to provide fair and reasonable disclosure of property may result in an unenforceable premarital agreement. Under §14-2-307(1)(b), C.R.S., "a marital agreement . . . is not enforceable if the party against whom enforcement is sought proves that: . . . (b) Before execution of the agreement . . . such party was not provided a fair and reasonable disclosure of the property or financial obligations of the other party." Therefore, if there is a question as to assets, entering into a premarital agreement requires parties to disclose fair and reasonable disclosure of their assets.


What is your take on the idea of having a prenuptial agreement? Does it set forth a bad precedence for the marriage or does it allow parties to openly communicate about their assets prior to marriage?