Question: I saw your blog discussion on prenups.  I did not get a prenup before I got married.  We were only married five years before we got divorced.  I did not think my wife was entitled to very much.  We even kept most of our finances separate.  We each had our own credit cards and bank accounts.  We did share one bank account for household expenses.  We both worked.  I am an executive with a company and my wife worked in retail.  We both did well financially.

Before we got married I really didn't want to ask my wife to sign a prenuptial agreement.  I didn't think it was a good way to start a marriage.  I thought we were perfect for each other.  But after three months of marriage she started acting bizarrely.  She told me that she was diagnosed with bipolar disorder about 10 years ago.  She also said that she was having an affair with an ex-neighbor.  We tried to work it out.

When we got divorced the judge awarded her far, far more money and assets than I think he should have given her.  I was shocked she got so much.  Since we didn't have a prenupt it was all at the judge's discretion.  I got raked over the coals.  I wish I had made her sign the prenup.  It would have saved me a ton of money and time and aggravation.  I just wanted to add my “two cents.”  Thanks.

Answer: Thank you for writing in.  We hear from many people who wish they had signed a prenuptial agreement prior to marriage.  A well-written prenup can save precious financial resources and a great deal of time.  Many people are scared to broach the subject of signing a prenup with a potential spouse.  People think it is unromantic.

But, in fact, a prenup often leads to a greater understanding of marital expectations and often opens a positive dialogue about the handling of financial resources in the relationship.  This is very beneficial because one of the most common causes of divorce is arguments about monetary issues.

Just because a prenup was not executed prior to marriage does not mean, however, that an agreement cannot be entered into.  Postnuptial agreements exist to do the same sort of thing as the prenup.  So, a couple that is married can enter into a postnup to agree on the division of assets should a divorce occur.

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We are experienced and knowledgeable prenup and postnup lawyers.  With experience including serving as a Magistrate Judge, an Assistant Attorney General and as an Assistant County Attorney, we have tremendous experience to address your legal issues.

We at the Sherman Law Group certainly welcome questions and try to answer as many as possible on our blog.  If you have a question, email it to us and we'll do our best to answer it.  Of course, no names will be used.  If you want to speak to an experienced prenuptial and postnuptial agreement attorney at the Sherman Law Group, please call us at 678-215-4106.