Myth Busting the False Security of Prenups
by Joynup on January 28, 2022
There is so much excitement in the days leading up to our weddings. But we know deep down we should always be prepared for anything that can happen. A lot of couples don't want to ruin the romance or run up a huge bill negotiating a prenup. Some don’t have the money, can’t stand the stress of legal negotiations or want to avoid the negative emotions of planning for divorce just as they are about to walk down the aisle.
Unfortunately prenups are unavoidable if you file a marriage license. A silent prenup is auto-generated based on family law. You may not the terms. To override this, you need a written signed prenup agreement that can cost upwards of $10,000 per spouse.
Prenups are intended to work. They talk about how to divide up income, property and assets if you divorce. They typically don’t cover much more than that. They are expensive to create and cost a lot to change from time to time down the line.
But prenups are not airtight. Courts have the power to throw them out. No one can guarantee a prenup will withstand a challenge if one spouse is unhappy with the terms. An unhappy spouse can claim their prenup is invalid for many reasons - they signed it under duress, it is unconscionable, it violates the law, or their spouse didn't disclose all their assets. Couples can spend months and even years - and thousands of dollars - fighting over it. Unlike contracts challenged in civil court, if a divorce court finds a prenup is unfair, they don't have to follow it. The court has the power to invalidate its terms and substitute its own decisions.
Courts have a lot of power over the income and property of married couples. For example, divorce courts in some states can order you to transfer your separate property to your spouse. This power is called “equitable distribution or "special equity." This can lead to years of fighting over property and assets in court.
Joynup agreements are very different from prenups. They are tailored to your choices. They go into effect right when you sign them regardless of whether you file a marriage license. And you know exactly what you are agreeing to because they're based on your preferences.
Prenups don't support your relationship while you are together. That's why Joynup is a better option for couples who are committed to each other - even couples who want a wedding. All Joynup agreements are flexible. You can change them at any time, so they are never out of date. There are no extra fees to change your agreements. Unlimited changes are included in your subscription.
On Joynup, you can plan your life together, not your divorce, and Joynup will reflect your choices about your future, your way.
Visit www.joynup.com to sign up and don't forget to follow us on Instagram @joynupinc.
