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Why people don't do them? and why people do?

Does it makes financial sense to do them?

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  • I'm not sure of the details, but I think that there are considerations in community property states that may result in a different answer for the "does it make financial sense" question. Nov 12, 2011 at 21:36
  • Perhaps also relevant: en.wikipedia.org/wiki/Community_property Nov 16, 2011 at 18:54

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Pre-nuptial agreements are typically used to protect assets that you have before a marriage in case of divorce. If you don't have a lot of assets to protect, then there's not much point. If you do have a lot of assets, then it might be worth having such an agreement, especially in the case of a second marriage where both spouses have kids from before, and they want to be very clear about what the new spouse gets vs. what the kids get.

Relationship-wise, bringing up the topic of a pre-nup can be touchy, because the other person can feel like you don't trust them, or that you don't expect the marriage to last. And, it is possible that, if you spend too much time and energy thinking about what should happen when the marriage ends, you might not be putting enough time and energy into thinking about how to make the marriage last.

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    +1 - it's more about thinking what will happen to the kids when you die than about divorce (for many), else, perfect answer. Nov 12, 2011 at 13:46
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    If there is a great wealth disparity or a large amount of preexisting or family wealth it may also make sense. It would not be great to lose the family farm(or a portion of it) to a bitter ex. These agreements can help avoid fights about what to do with that property during tough times if the other party knows going it it is off limits.
    – user4127
    Nov 13, 2011 at 0:22
  • My wife to be asked me for a prenup prior to the wedding.... we did it, and feel better about each other in our marriage. I think it would be different if there were a huge disparity of assets between the two. Nov 28, 2011 at 19:28

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