Prenuptial agreements often get a bad reputation. Thanks to movies and media, they’re frequently portrayed as something only the super-wealthy use or as a way to already have one foot out the door before saying “I do”. But this simply isn’t true. Let’s break down some common myths about prenups, clarify what they really are, and explore why they might be beneficial for many couples.

What Is a Prenuptial Agreement?

Before diving into myths, it’s important to understand what a prenuptial agreement, or "prenup," actually is. A prenup is a legal contract made between two people before they get married. It outlines how financial matters, property, and debts will be handled during the marriage and if the marriage ends in divorce or death.

While prenups are often seen as a “divorce contract,” they’re really about planning for the future and ensuring fairness. They can address many issues, from dividing assets to protecting one partner from the other’s debts.

Myth 1: Prenups Are Only for the Wealthy

One of the biggest myths about prenups is that they’re only necessary for people with significant wealth. The truth? Prenups can benefit anyone, regardless of their financial status.

Prenups aren’t about being wealthy; they’re about protecting both partners from future financial surprises. Prenups are especially helpful for:

1. Family-owned businesses. No matter how big, small, new or old a business is, a prenup can clarify if the business and a spouse’s work in that business during the marriage will be marital property that can be divided or inherited at death, or whether they are off limits and remain in the family.
2. Not first-time marriages. If you or your future spouse have divorced before, one or both of you are probably very aware of what a divorce without a prenup looks like. Prenups can protect pre-marital assets and simplify divorce, if that comes to pass.
3. Stay-at-home spouse. Sometimes marriage is a step toward growing your family with future plans of a spouse staying at home or reducing their work hours. Prenups can clarify expectations about cashflow during the marriage and alimony or spousal support in divorce. Important steps like reducing or eliminating income deserve discussion and planning about what happens if there’s a parting of the ways and recognition of non-monetary contributions.

No matter the finances, prenups help future spouses get clear about financial expectations during marriage, when one passes away, and if there’s a divorce.

Myth 2: Prenups Mean You Don’t Trust Each Other

It’s common to hear that signing a prenup implies you think the marriage won’t last. But this is one of the most harmful myths about prenups. In reality, a prenup is about open communication and planning—not mistrust.

Discussing a prenuptial agreement allows couples to talk about money, goals, and expectations before they get married. This honest conversation can strengthen the relationship and prevent misunderstandings later. Think of it as creating a roadmap for your financial future, not a backup plan for divorce.

Also, a prenup is a living document, meaning 1) spouses need to follow it to serve its intended purposes; and, 2) a prenup can be updated as life changes occur not anticipated in the prenup or that spouses choose to do differently than their prenup. So a prenup invites not just one open and honest conversation, but a lifetime of them around finances, financial decisions, and what best serves your family at every stage.

Myth 3: Prenups Are Just for Divorce

Many people assume prenups only matter in case of a divorce, but they can serve a much broader purpose.

Prenups usually cover three important relationship events:

1. Happily ever after, about financial expectations during marriage
2. For worse, about what happens if there’s a breakup and divorce
3. Until death do us part, about who can inherit what

A prenup can:

• Clarify ownership of premarital property, businesses, or family heirlooms
• Protect one partner from the other’s debts
• Address inheritance plans for children from previous relationships
• Set expectations if a spouse will stay at home or reduce employment income after marriage

For example, if you own a family business, a prenup can ensure it stays within your family, regardless of what happens in your marriage. Or, if you have children from a prior relationship, a prenup can secure their inheritance rights. These are just some of the advantages of prenuptial agreements that go far beyond divorce planning.

Myth 4: Prenups Are One-Sided and Unfair

Some people believe prenups only benefit one partner, but this is a misconception. A good prenuptial agreement is designed to protect both individuals and ensure fairness. Both partners should have their own legal representation when drafting a prenup, and the agreement should be transparent and mutually beneficial. Transparency includes required financial disclosures.

If a prenup heavily favors one person over the other, courts may see it as unfair and refuse to enforce it. A well-drafted agreement, however, protects the interests of both partners and creates clarity.

Myth 5: Prenups Are Unromantic

Some people feel that talking about a prenup before marriage is unromantic or suggests the relationship is doomed to fail. However, discussing a prenup doesn’t mean you’re planning for divorce; instead, you’re co-creating your future together.

Marriage involves both emotional and financial commitments, and a prenup can be an important step in aligning your goals. Far from being unromantic, a prenup shows that you’re both willing to have honest conversations and build a strong foundation of trust. It’s a foundation for future open and transparent communication about finances, important decisions, and your family’s future.

Myth 6: Prenups Are Expensive and Complicated

Creating a prenup is often more straightforward and affordable than people think. While the cost of drafting a prenup depends on its complexity and the attorneys involved, it’s usually a fraction of what resolving financial disputes during a divorce might cost.

A prenup doesn’t have to be complicated, either. It can be customized to your future family’s needs. For example, the scope of a prenup can be broad, covering all the major relationship events (marriage, divorce, estate planning), or focused on one specific asset (like a family business or premarital asset or inheritance).

With the help of experienced family law attorneys, you can create a clear, fair, and legally sound agreement tailored to your needs. The upfront investment in a prenup can save significant stress and money later.

Understanding the Prenuptial Agreement Pros and Cons

Like any legal document, a prenuptial agreement has pros and cons. On the positive side, a prenup offers financial clarity, protects assets, and simplifies the process in case of divorce. It also encourages couples to have important conversations about finances early on.

However, creating a prenup requires careful consideration and negotiation. Both partners need to be open and honest, which can be challenging for some. It’s essential to work with compassionate and experienced legal professionals to ensure the process is fair and respectful.

A prenuptial agreement often takes longer than you think to prepare, so start early. The first step is gathering information about whether a prenup is right for you. The second is to have a conversation with your partner. The third is to onboard an attorney to help you prepare a prenup that aligns with your vision of your family’s future.

Why Consider a Prenup?

Prenups aren’t just about preparing for what happens if the marriage ends—they’re about creating peace of mind during the marriage. By addressing potential issues upfront, couples can focus on building their shared future without worrying about financial uncertainty.

If you’re getting married, it’s worth considering the advantages of prenuptial agreements and discussing your options with an experienced family law attorney.

Contact Lindsay Parvis Today to Learn More About Prenuptial Agreements in Maryland

A prenuptial agreement can feel out of reach, even impossible, especially when misinformation clouds the benefits they offer. Whether you’re exploring the idea of a prenup or need guidance creating one, having compassionate and skilled representation makes all the difference.

Lindsay Parvis is a dedicated family law attorney with over 20 years of experience helping clients navigate the complexities of marriage and family law in Maryland. She can guide you through the prenuptial agreement process, ensuring your rights are protected and the terms are fair. With her deep understanding of Maryland family law and dedication to her clients, Lindsay will help you build a strong foundation for your future.

Contact Lindsay today for your consultation, and gain peace of mind as you begin this new chapter.

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