Demographic Shifts May Add to Rise in Prenuptial Agreements

As we have mentioned before on our New Jersey blog, older couples entering into a second or third marriage may want to consider executing a prenuptial agreement. Divorce at a later age can destabilize one’s finances and can potentially diminish the assets one had planned to pass on to family, friends and other beneficiaries. But a prenuptial agreement can protect each spouse’s assets as they approach or proceed with retirement.

In addition to the rise in later-in-life-marriages, there are other demographic trends that may favor an increased use of prenuptial agreements. One such trend is the average age of spouses at the time of their first marriage. If you hold the general belief that people used to get married when they were younger, you are right. Four decades ago, in 1970, the median age of a first-time groom was just over 22 years old. Brides were not yet 21 years old on average.

In the span of a mere 40 years, those numbers have risen markedly. Men now marry for the first time at approximately 28 years old, while women tie the knot at nearly 27. A lot can happen between one’s early and late twenties. People begin careers and earn promotions. Some may save relatively substantial sums of money and invest their savings in real estate, stocks and other valuable property.

When a typical modern couple walks down the aisle, therefore, there will usually be the potential for a more complex division of property should the spouses later divorce. Some couples may choose to simplify matters by creating a prenuptial agreement and protecting the property they bring to the marriage.

Source: New York Law Journal, “Current Trends in a Growth Area: Prenuptial Agreements,” Arlene G. Dubin and Rebecca A. Provder, July 30, 2012

• Whether to sign a prenuptial agreement rests on the facts and circumstances of a couple’s relationship and each spouse’s personal preferences. If you would like more information on our firm, please visit our New Jersey family law page.