When couples think about wedding planning, prenuptial agreements are often the last thing on their minds. Many people associate prenups with wealthy celebrities or assume that discussing one signals a lack of trust in the relationship. However, a prenup is simply a legal tool that allows couples to make thoughtful, fair decisions about their financial future while they are still in the honeymoon phase and feeling generous toward each other. Far from being a sign of doubt about the relationship, a prenup can actually strengthen a marriage by encouraging open communication about finances and expectations from the very beginning.
At Cooper & Cooper, P.A. in Fleming Island, Florida, we work with engaged couples who want to protect themselves and their partners by setting clear expectations before they walk down the aisle. A prenup is not about planning for divorce, it is about planning responsibly for whatever the future may hold. Our team understands that these conversations can feel uncomfortable, but we also know from experience that couples who address these matters early often build stronger foundations for their marriages.
What Is a Prenuptial Agreement?
A prenuptial agreement is a contractual agreement that two people enter into before they get married. It outlines how assets, debts, and other financial matters will be handled during the marriage and in the event of a divorce. While many people assume a prenup is only about keeping everything separate, what is yours stays yours and what is mine stays mine, that is not always the case. The reality is far more flexible and can be tailored to reflect the unique values and priorities of each couple.
In reality, a prenup can be customized to fit whatever arrangement works best for your relationship. Some couples choose to split everything 50/50 regardless of who earned what during the marriage. Others agree to waive alimony except under specific circumstances, such as if one spouse becomes disabled or if the marriage lasts beyond a certain number of years. Some couples even waive attorney’s fees in the event of a divorce to prevent a contentious and expensive legal battle that could drain both parties emotionally and financially. The point is that you have full control over what your prenup says and how it will protect both of you.
For example, one couple might decide that they want to ensure fairness by agreeing that all assets acquired during the marriage will be split equally, while also waiving their rights to alimony and attorney’s fees. This type of arrangement removes uncertainty and prevents either party from feeling like they need to fight for what they deserve. By putting these terms in writing while both parties are happy and cooperative, they eliminate the possibility of a drawn-out legal battle in the future.
Why the Best Time for a Prenup Is Before Marriage
No one enters a marriage expecting it to end. But the reality is that emotions change over time, and what feels fair during a happy engagement may feel very different during a stressful separation. This is precisely why the best time to discuss and create a prenup is when both parties are calm, happy, and genuinely want the best for each other. During this honeymoon phase, couples are naturally more inclined to be generous, understanding, and willing to compromise.
When emotions are running high during a divorce, people can become petty, defensive, and unwilling to compromise. Years of accumulated frustrations, disappointments, and hurt feelings can cloud judgment and make it nearly impossible to reach fair agreements. A prenup removes much of this uncertainty by establishing clear terms while both parties are still thinking clearly and acting in good faith. It is a way to safeguard your marriage by preventing future conflict, not by assuming the relationship will fail.
Consider how different it feels to discuss financial matters when you are excited about your future together versus when you are angry, hurt, or feeling betrayed. The conversations you have during your engagement are likely to be far more productive and fair than any discussions you might have during a contentious divorce proceeding. A prenup captures those good intentions and preserves them for the future.
Prenups Are for Everyone, Not Just the Wealthy
One common misconception is that prenups are only for people with significant assets. In truth, a prenup can benefit anyone, regardless of their current financial situation. If you are starting a business, expecting an inheritance, or simply want to establish clear financial boundaries, a prenup can provide peace of mind. Even couples who are just starting out with minimal assets can benefit from having clear agreements in place about how they will handle finances throughout their marriage.
Even if neither spouse has substantial assets at the time of marriage, circumstances change. Careers advance, businesses grow, and family members pass away leaving inheritances. One spouse might receive a promotion that dramatically increases their income, or the other might leave the workforce to raise children. A prenup ensures that both parties understand how these future developments will be handled, preventing misunderstandings and disputes down the road. It provides a framework for addressing financial changes before they become sources of conflict.
Additionally, prenups can address debts as well as assets. If one spouse enters the marriage with significant student loans, credit card debt, or other financial obligations, a prenup can clarify that these debts remain the responsibility of the person who incurred them. This protects both parties and ensures that neither spouse is unexpectedly saddled with the other’s financial burdens in the event of a divorce.
Protecting Your Marriage, Not Planning for Its End
As family law attorneys, we have heard people ask whether getting a prenup means they are planning for divorce. The answer is no. A prenup is an important part of your marriage that helps both parties feel secure and protected. By having these conversations early and putting agreements in writing, couples often find that they communicate better about financial matters throughout their marriage. The process of creating a prenup forces couples to discuss topics that many people avoid, such as debt, spending habits, financial goals, and expectations about work and family.
Think of a prenup like insurance. You do not buy car insurance because you plan to get into an accident, you buy it because you want to be prepared if something unexpected happens. You do not purchase homeowners insurance because you expect your house to burn down, you buy it because you want to protect your investment. A prenup works the same way. It protects both of you so that if circumstances change, you already have a fair plan in place. Having that plan can actually reduce anxiety and allow both partners to focus on building their life together rather than worrying about what might happen if things do not work out.
Many couples find that going through the prenup process actually brings them closer together. It requires honest conversations about values, priorities, and expectations, conversations that might otherwise be avoided until a crisis forces them to the surface. By addressing these topics proactively, couples build a foundation of trust and transparency that serves them well throughout their marriage.