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The Honolulu Advertiser
Posted on: Thursday, March 8, 2007

Most couples still won't get a prenup

By Kelli Lackett
Fort Collins Coloradoan

OPINIONS VARY

A 2002 Harris Poll demonstrates the polarized opinions on drafting a prenuptial agreement:

  • More than one-fourth of respondents (28 percent) think that a prenup makes smart financial sense for anyone getting married.

  • One-fourth think they are for the rich and famous, not regular people.

  • One in five (19 percent) believes a prenup is never needed if two people really love each other.

  • Fifteen percent think a prenup dooms a marriage to failure.

  • Twelve percent think prenuptial agreements are a good idea but would feel too uncomfortable to bring the issue up in their own relationship.

  • One-half (49 percent) of divorced Americans believe that prenuptial agreements make financial sense, while just one in five (21 percent) married Americans feel the same.

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    She's been divorced twice, but Vickie Parks is confident that this time she's found the right man.

    The 49-year-old is engaged to Tom Rasmussen, 45. The Colorado couple is planning an August wedding.

    Parks has three grown children from her previous marriages; it's the first marriage for Rasmussen.

    Parks would like them to draft a will at some point, but she thinks they'll skip a prenuptial agreement.

    "We don't need that," Parks says. "The ring (symbolizes) the commitment that you make to each other for life."

    The divorce rate is between 40 percent and 50 percent for first marriages, and is even higher for second and third marriages, yet only about 5 percent of married couples have a prenuptial agreement.

    Prenuptial agreements can help to determine how property will be divided upon divorce or the death of one of the partners.

    They're not just for the Tom Cruises and Katie Holmeses of the world, experts say.

    "I'm all in favor of them," says attorney Levi Brooks of Fort Collins, Colo.

    "Do they make the (divorce) process easier? You still have all the things they acquired during the marriage. But it eliminates (from the negotiations) the major things couples fight about — the property they had before they married," Brooks says.

    Couples who might benefit from a prenuptial agreement are often reluctant to bring the subject up, he says.

    "Part of the hesitation is 'I don't want to talk about what happens if we get a divorce,' " Brooks says.

    Prenuptial agreements are becoming more common, but not as common as one might think — given the divorce rate and the increase in the number of couples who are marrying at a later age after they've already acquired assets, says attorney Scott Walker.

    While Walker handles about 35 divorces a year, some years he doesn't encounter one divorcing couple with a prenuptial agreement. But he drafts three to four agreements per year for couples that are marrying.

    "Folks are becoming less trusting of their hearts and more trusting of their brains. They want to hedge their bets. In divorce, strange things can happen," he says.

    Those who don't think about a prenuptial agreement until they've already tied the knot can draft a similar postnuptial agreement, Walker says.

    The cost for prenuptial agreements ranges from a few hundred dollars to thousands. Experts recommend that both parties have a lawyer.

    Following are cases in which couples should seriously consider the agreements:

  • When one or both partners has significant assets going into a marriage. A prenuptial agreement can make it clear how that property will be treated if a couple divorces.

  • In a second marriage in which one of the partners has children. A prenuptial agreement can spell out what the first family will inherit if that partner were to die.

    Debt incurred before marriage remains the responsibility of the person who incurred it, even without a prenup, Brooks says.

    But a couple might be wise to decide before they marry whether they will use community property to pay off either partner's premarital debt, suggests Vickie Bajtelsmit, professor of finance at Colorado State University.