RelationshipsUpdated Jan 2026

Should I Get a Prenup? A Values-Based Decision Framework

You're engaged and considering a prenuptial agreement. Asking feels unromantic, even insulting—like you're planning for failure. But you've heard the horror stories about divorce. You're trying to reconcile protecting yourself with trusting your partner.

Key Takeaway

This decision is fundamentally about Financial Protection vs. Trust and Romance. Your choice will also impact your fairness.

The Core Values at Stake

This decision touches on several fundamental values that may be in tension with each other:

Financial Protection

Your desire to protect assets, inheritance, or business interests. Consider what you'd lose without legal protection.

Trust and Romance

Your concern that a prenup signals distrust. Consider whether addressing finances openly actually builds trust.

Fairness

Your desire for equitable treatment regardless of marriage outcome. Prenups can protect both parties.

Pragmatism

Your recognition that divorce happens and preparation isn't pessimism. Hoping for the best while preparing for the worst is wise.

Family Expectations

Pressure from family to protect assets or inheritance. Navigate between family interests and relationship dynamics.

5 Key Questions to Ask Yourself

Before making this decision, work through these questions honestly:

  1. 1What specifically am I trying to protect, and why is a prenup the best tool?
  2. 2How do I think my partner will react, and can our relationship handle this conversation?
  3. 3Am I asking because of genuine need or general anxiety about commitment?
  4. 4What does my partner have at stake, and is the prenup fair to both of us?
  5. 5How important is this to me—is it a requirement or a preference?

Key Considerations

As you weigh this decision, keep these important factors in mind:

Your specific financial situation (assets, debts, business, inheritance)
Your partner's financial situation and what's fair to them
State laws about marital property without a prenup
The timing and approach to the conversation
Whether you both need independent legal counsel
What you actually want to include in the agreement
How this discussion fits into broader financial transparency

Watch Out For: Optimism Bias

We believe our relationship is different and we won't need a prenup. But divorce rates exist for a reason, and even good marriages can end. Planning for unlikely outcomes isn't pessimism—it's prudent. People buy car insurance without expecting crashes; prenups work the same way.

Make This Decision With Clarity

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Frequently Asked Questions

Is asking for a prenup a red flag?
Not inherently. Prenups are financial planning, not lack of commitment. A partner who discusses finances openly and thinks pragmatically shows maturity. How someone reacts to the request reveals more than the request itself. Demanding unreasonable terms is a red flag; having a conversation isn't.
How do I bring up a prenup with my partner?
Choose a calm moment, not right before the wedding. Frame it as financial planning you both benefit from, not protection against them. Be open about your reasoning. Emphasize that you want to discuss finances openly and protect both of you. Give them time to process and respond.
What should a prenup include?
Common provisions: protection of premarital assets, inheritance rights, business ownership, debt protection, spousal support terms. Prenups can't include child custody or support (courts decide those). Both parties need full financial disclosure and ideally independent lawyers.
Is a prenup worth it if I don't have much?
Potentially. Prenups also protect future earnings, business ventures, and can clarify debt responsibility. If you expect to earn significantly more, start a business, or receive inheritance, a prenup protects future assets too. They're not just for the currently wealthy.

Related Decisions

People Also Considered

Similar decisions in other areas of life:

Sources

  • Marston, A. A. (1997). Planning for Love: The Politics of Prenuptial Agreements. Stanford Law Review.
  • Atwood, B. A. (2012). Ten Years Later: Lingering Concerns About the Uniform Premarital Agreement Act. Journal of Legislation.