Why You Need a Prenuptial Agreement!
Posted on Jan 5, 2012 3:30pm PST
It is possibly the most expensive divorce in history: Mel Gibson's recent split with his wife if 31 years, Robyn Denise Moore. The actor was required to equally divide his $850 million dollar fortune with Robyn, making him not only single, but $425 million dollars poorer. His assets include a private island in Fiji, and his earnings from every film he has ever acted in or produced. Robyn has already received some of the residuals in the form of two Malibu mansions, valued at approximately $22.5 million altogether. In addition, Robyn will receive 50 percent of Mel's earnings for the rest of his life.
Mel is paying a heavy price because he and his wife never bothered to create a prenuptial agreement. A prenuptial agreement is set of guidelines and settlements. This document is written by a couple prior to their wedding, and concerns the financial consequences that would arise if the marriage ever ended. Many times, love-struck couples nearing a wedding date are far too excited to think about the threat of divorce. They shrug off the idea of prenuptial agreement, assuming that they will have a marriage that lasts a lifetime. While it is excellent to enter marriage with a positive outlook, if you do not plan ahead, you could end up in a tight spot later on. Couples who want a divorce and do not have a prenup are subject to government divorce laws. These laws leave the future of your fortune in the government's hands. If you want to have control of your assets, it is highly advised that you create a prenuptial agreement with your future spouse. About 50 percent of all marriages end in divorce, so it is important to arrange for the possibility now!
If you are wealthier than your partner, you need to file for a prenuptial agreement. Not only will this protect your fortune, but it will assure you that your future spouse is marrying you for the right reasons, and not to obtain a portion of your earnings. If you earn more money than your spouse, a prenuptial agreement may limit the amount of alimony that you would have to pay in the event of a divorce. Also, if you plan to quit your job so you can raise your children, this will impact your wealth; a prenup can protect you and your offspring by ensuing that the financial burden is split fairly.
If you are remarrying, it is wise to plan for a prenuptial agreement. Statistics show that 60 percent of second marriages end in divorce and 73 percent of third marriages will terminate this way. You may have children from your previous marriage, and may be paying alimony and other expenses from that union. A prenuptial agreement can protect you from further expenses. It can also help to divide your assets in the event of death, so that both your first spouse and subsequent spouse(s) will receive even inheritance.
If your partner has debt to pay, you don't want to be responsible for that sum in the future. Without a prenup, debt collectors can require a spouse to pay his or her partner's obligations. If you own part of a business, you will want to protect this entity. Sometimes, the government will require that your partner receives a portion of your company if you do not outline this in a prenuptial agreement. A prenup can also protect you from losing a portion of your estate. All in all, it is wise to outline how you would want to divide your assets in the event of a divorce. Once you are married, this window of opportunity is closed. Opt for a prenuptial agreement, because it's better to be safe than sorry!