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11.A marriage contract.docx
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  1. A marriage contract helps to achieve understanding and respect.

Prenuptial agreements are not one-sided and they serve not only to protect the rich partner in the marriage. Prenuptial agreements are actually a platform of understanding between the soon-to-be bride and groom since the two will be able to reach mutually agreeable provisions that are advantageous to them both.

Prenuptial agreements are also a sign of respect for one another. If you have this drawn up, you are basically making your wishes and objectives known to your soon-to-be husband or wife in a mild, non-humiliating, respectful manner.

  1. Marriage contracts help to avoid costly divorces.

These agreements will help to avoid a very expensive divorce proceeding since the distribution of assets will be laid down on paper and will be binding on both sides. Many prenuptial agreements have ensured that the two married people (who are about to get ‘unmarried’) do not undergo a messy and expensive divorce just to be free from each other.

Cons:

  1. A marriage contract is unromantic.

Starting a relationship with a contract that sets forth the particulars of what will happen upon death or divorce can engender a sense of lack of trust. It can take the wind out of your emotional sails.

  1. A marriage contract can have some pitfalls.

If you contribute to the continuing success and growth of your spouse's business or professional practice by entertaining clients and taking care of the home, etc., thus allowing him or her to focus on professional endeavors, you may not be entitled to claim a share of the increase in value if you agree otherwise in a premarital agreement.

  1. Honeymoon stage of relationships can misrepresent the provisions of a premarital agreement.

In the "honeymoon" stage of a relationship, one spouse may agree to terms that are not in his or her best interests because he or she is "too in love" to be concerned about the financial aspects and can't imagine the union coming to an untimely end.

  1. A marriage contract fails to define child support payments.

It cannot define child support payments – in fact no court will accept the prenuptial agreement and its provisions for child support as valid and binding. Just as it can’t define child support, it also can’t define alimony. Some states will strike off the alimony clause as unenforceable if they believe that it is unjust and detrimental to the spouse who waived her rights to alimony in the prenuptial agreement.

  1. It will not be a valid agreement for personal preferences.

Personal preferences can be as following: whether or not to have pets, how the in-laws will be entertained, where to spend the holidays, whether the kids are to be home-schooled or not, household chores.

  1. While concluding a contract it is difficult to project future potential problems.

It can be difficult to project into the future about how potential issues should be handled, and what may seem like an inconsequential compromise in the romantic premarital period may seem more monumental and burdensome in reality. There may be state laws that cover all of the issues you want to address, without a prenup. Different states have laws that determine how property is distributed in the case of a separation of divorce. These laws may be perfectly ideal for you. If so, there is no need of going through the trouble of creating a prenuptial agreement. On the other hand, there may be certain issues in your situation that are not covered by the law, and would nudge you towards clarifying the issue in a prenup.

Conclusion

Many people fear that discussing these matters, or even bringing up the word prenuptial agreement, will cause turmoil in their relationship. Often times, just the opposite is true. One of the main irreconcilable differences leading to divorce is finances. Talking to your spouse ahead of time regarding finances, property, and marital asset management can avoid a lot of these disagreements.

Furthermore, discussing these issues nurtures healthy communication. Even if you and your spouse decide a marriage contract is not for you, discussing the mentioned issues is a very good idea.

The family life is very complicated and problematic in some ways. Misunderstanding, quarrels and disagreements are its usual concomitants. To be capable of their settlement means to be a good and wise partner, but it’s not easy to do. In such situation, when family dissolution is inevitable, a marriage contract can help to protect property, wealth, children and nerves. Despite its few disadvantages, it really works. Children or not, wealthy or not, a pre-nuptial agreement may come in handy. At least it will define a spouse’s rights and financial obligations during and after the marriage and will also protect spouses from each other’s debts.

Personal view

Whether to enter into a prenuptial agreement or not is a very personal decision. Each individual and couple is unique. Therefore, you should base your decision on your own unique circumstances. Personally I think that a marriage contract is quite useful, because when we get married we are leaded by emotions, we don’t think about future, about possible conflicts, our life seems to be ideal. But actually conflicts, problems are inevitable. There are cases when former loving spouses become the angriest enemies, who want to deprive each other of everything, even the welfare of children is pushed to the sidelines. Of course, here a marriage contract would do them a good turn.

Saying about Belarus, marriage contracts are uncommon, they are perceived as something hostile and deceitful, because it is really strange to speak about divorce conditions before a wedding ceremony. Nevertheless, I think that it’s more reasonable to use common sense rather than emotions to build a family and happiness for children. We should not be afraid of reality, we should act according to this reality.