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A Dirty Word Or A Saving Grace?

PREMARITAL INSURANCE
By Ty Supancic, Esquire

I regularly help couples design and build foundations for the most important project in their lives. The work is long and involved and at times unpleasant, but I believe the results are worth it in the long run. We take the time to examine and investigate their dreams and circumstances, and using that information, we design and create a strong foundation together which will support whatever they chose to build on it. If what they build together fails sometime in the future, it will not be for lack of planning.

No, I’m not a contractor or an architect. I’m a family law attorney and the “foundation” I’m describing is a mediated premarital agreement.

“Premarital Agreement” and “Pre-Nup” are dirty words in the common vernacular, but I believe this is due to misunderstandings based on Hollywood propaganda and sensationalistic news coverage. Premarital agreements need not be unilateral documents forced by one spouse upon another. The alternative to the Hollywood stereotype, and the vast majority of the premarital agreements we draft in our office, is a premarital agreement reached by mutual discussions and assent to terms designed to support marriage and discourage divorce.

At the most basic level, people get divorced because they’re “unhappy.” Unfortunately, statistics tell us that divorce does not bring happiness. Studies reveal that most people are just as unhappy after their divorce as they were before it. But in addition to being “unhappy”, after divorce they’re also damaged; emotionally, spiritually, and financially.

Despite this reality, people get divorced anyway. Why? I believe people are “playing the odds” or gambling on a different future. People know what they have, and they think they’re unhappy. They don’t know what things will be like after their divorce, but they figure, “it can’t get any worse.” They’re wrong. They’re trading known circumstances for unknown circumstances on the misguided premise that things will be better. They seldom are. Remember the old Irish adage, “Better the devil you know than the devil you don’t.”

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