In some cases a prenuptial agreement may be wise (older people who want to protect their sizeable assets and/or ensure their children inherit them, rich people who need protection from gold diggers), but usually not for a young couple where neither of them has been married/divorced before.
Why? Because entering into a prenuptial agreement before marriage is effectively stating, “I’m not committed to this marriage, and so I want to have a clear exit strategy in place beforehand.”
A marriage is forever, not something from which you should ever want to exit before death. You can’t fully commit to a marriage and family (nor can your spouse) if you and your spouse have “planned for” divorce. Even if “I’m planning for or on divorce” is not the message you want to send with a prenuptial agreement, it’s an impression a prenuptial agreement cannot avoid giving. That that is why many people are so opposed to a prenuptial agreement (and I am one of those people).
“. . . to have and to hold, from this day forward, for better, for worse, for richer, for poorer, in sickness and in health, to love and to cherish, till death do us part, according to God’s holy ordinance; and thereto I pledge thee my faith [or] pledge myself to you.” You can’t make those kinds of vows while crossing your fingers behind your back. A prenuptial agreement is a hedge against commitment, and a successful marriage depends on total commitment.
“You can not let a fear of failure or a fear of comparison or a fear of judgment stop you from doing the things that will make you* great. You can not succeed without the risk of failure. You can not have a voice without the risk of criticism. You can not love without the risk of loss. You must take these risks.” – Charlie Day (2014 Merrimack College commencement speech)
*or your marriage
Utah Family Law, LC | divorceutah.com | 801-466-9277