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Shocking as it seems, the answer is no! As stated previously the reasons couples don’t have a prenup in place is not logical but emotional. Neither partner wants to create a situation that predicts doom. There are also other significant factors that should be mentioned. 1) If one of the partners has wealth, it is likely they will insist on a prenup. If you are married it is unlikely you will ask for a prenup. 3) Women will usually not insist on a prenup.

Would you suggest that Prenuptial Agreements be Mandatory?

It is important to understand why a prenuptial agreement is a win, win situation for both parties. After examining the research above, I would recommend a prenup. A mandatory prenuptial agreement would be beneficial to couples. It would eliminate that uncomfortable discussion of bringing up the matter because everyone would be required to deal with it as a matter of law, even if they feel they will never divorce. Also the practice may eliminate unrealistic optimism of what the future may bring. Since everyone that marries will have a prenuptial agreement it will create a smoother transition into marriage. If this law was in place perhaps Jennifer Lopez and Ben Affleck would still be together?

Jeffrey Broobin is a free-lance writer on family and finance issues; his main goal is to help people during their complicated period of life. Website: www.legalhelpmate.com Email: jeffreyb@legalhelpmate.com

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