Gen Z Series: Prenuptial Agreements: Are They Necessary?

Diane DeCesare of Drucker & Scaccetti is a member of XPX Philadelphia
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The question has been popped; and the answer is “yes.”  Now, you have a wedding to plan.  Both of you immediately think of things like a dress, a reception hall, guest lists, honeymoon locations, etc. Rarely are pre-marital asset protection measures part of the equation while planning a wedding. However, they may be an important part of your new life together. In today’s blog, part of our Gen Z Series, we will touch on some important considerations regarding the various considerations of Prenuptial Agreements, in making the transition from being single to married as smooth as possible.

Before getting to the details, it is highly advised to obtain legal counsel before agreeing to any terms as a prenuptial agreement is a legally binding contract.

Who Needs a Prenup?

Most people think that a Prenuptial Agreement only pertains to those of great wealth, but there are other factors. It is becoming more common for Gen Z to consider prenuptial agreements. The average age of marriage today is 30-years old. The average age in 2000 was 25-26, this delay has resulted in Gen Z acquiring more personal assets before their marriage.

Pros & Cons

The most important point to note is that a Prenuptial Agreement is a choice with significant and long-term consequences. So, when considering your prenup, always weigh options with a Pros & Cons list.

Pros:

  • Protects both parties from “losing” their pre-marital assets
  • Business assets are better protected
  • Clarifies financial rights
  • Avoids arguments and confusion in the case of divorce
  • Avoids property division subject to state law or the party with a strong bargaining position

Cons:

  • Takes away from the romanticism of wedding planning
  • Not 100% foolproof if parties fail to disclose properly
  • Sets a tone for the marriage to fail

Understandably, Prenuptial Agreements are a sensitive subject. However, marriage is a lifelong commitment and having meaningful conversations about your future is crucial.

A prenuptial agreement is a legal document, which will bind the couple for years. Accordingly, the parties must have candid discussions with each other as well as their legal and financial advisors. Your Drucker & Scaccetti advisor can work with your attorney as part of the team.

Updated: March 9th, 2022

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