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Family law trend: Prenups on the rise for millennials

Recent news articles about research and census data make it plain that millennials are much less likely to dive into marriages than their parents or grandparents were. People today are waiting longer to marry, which means they often carry more significant financial assets with them across the threshold than did previous generations when they married.

The rising average age of marriage has made an aspect of family law more popular: the prenuptial agreement. Prenups have gained in popularity as people realize that though they do not plan to divorce, they understand that it makes sense to safeguard assets acquired through hard work.

A recent Verily magazine column notes the rise of prenups, but argues that "happy couples" do not want them or need them. The column acknowledges the soundness of the results of a recent survey by the American Academy of Matrimonial Lawyers (AAML) in which more than half of divorce lawyers said that millennials are increasingly asking for prenups.

"Couples are getting married at later ages these days," said the AAML president. "(They) are consequently entering their relationships with more to protect in the event of a divorce."

Exactly. It's not that couples are unhappy if they decide on a prenup, but rather that they are protective of assets that take years of effort to acquire. They want to avoid the possibility of one day going through a property division dispute.

A prenup can cover business interests, separate property ownership, anticipated inheritance and related matters.

The writer of the column agrees that the prenup trend "makes sense," but then turns around and argues that it's "dangerous" for couples to even acknowledge the reality that not every marriage lasts forever. The column appears to disagree with itself in more than one place.

An experienced family law attorney helps you craft a prenuptial agreement that fits your unique situation. 

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