It is rare that a couple will enter into a marriage expecting to divorce each other. It may be the romance or the excitement of the impending nuptials, but couples do not include an expiration date on their marriage certificate. However, not all marriages last until “death do us part.” The United States Census Bureau conducted its first survey into marriages, divorces, and widowhood in America in 2009, finding that 9.2 of every 1,000 men and 9.7 of every 1,000 women over the age of fifteen reported being divorced. Despite these rates, research suggests that only one-fourth of Americans believe that premarital agreements (also known as prenuptial agreements or a “prenup”) are financially smart for those contemplating marriage. As a legal practitioner, it is imperative to be able to draft a valid, all-encompassing premarital agreement while navigating state law and the ethical considerations involved in the process. This guide will provide you with the necessary resources to draft a solid, comprehensive premarital agreement for your love-struck clients.
Lauren Ludvigsen, ’Til Death Do Us Part? What Every Legal Practitioner Should Know About Premarital Agreements: A Law Student’s Perspective, Family L. Rev., Fall 2012, at 13.