I have been involved with helping clients put together prenups and while I agree that some form of pre marriage agreement is prudent if there are a lot of assets, we have gone overboard. The biggest problem is that prenups simply do not lay the foundation for a partnership. Take for example two people that go into a business together 50/50 and they both contribute in their way to the business but only one of the parties gets to keep all the benefits if they decide to part. I am guessing that very few people would entire that type of business arrangement. That is however the scenario that can be created with a poorly drafted prenup.
Prenups are best left out of the lawyers hands until all the issues and scenarios have been discussed at which time they can paper the deal. Be very careful however as you may destroy the partnership before it begins. Marriage is about love, security, trust, commitment and faith and a poor prenup can kill the security, trust and commitment factor pretty easily.
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