Is it worth signing a prenuptial agreement?

Is it worth signing a prenuptial agreement?
Yes, if the partners want to consciously agree on finances, responsibilities and possible risks instead of relying on “things will somehow work out”. No, if any talk about money is perceived as a sign of distrust and one of the partners is not ready for an open dialogue – in that case the problem lies not in the contract itself, but in the level of maturity of the relationship.

What is a prenuptial agreement
A prenuptial agreement is a written contract between spouses or fiancés that defines their property rights and obligations during the marriage and in the event of its dissolution. It does not regulate feelings, fidelity or “rules of conduct”, but only what can be assessed legally: income, assets, debts, maintenance and allocation of expenses.

Main fears around the contract
The most common fear is: “if my partner suggests a contract, they do not trust me”. In reality, the agreement does not create distrust but honestly reveals it: if people are not ready to discuss unpleasant scenarios, it will be even harder for them if those scenarios become reality. Another fear is that “it will be awkward to bargain about money”, whereas the ability to talk calmly and reasonably about finances is a sign of a mature relationship, not a threat to it.

Who especially needs a prenup
A prenuptial agreement is particularly appropriate when one partner has significantly more assets (business, real estate, savings). It is also useful when the couple has children from previous relationships and needs to balance the interests of the new family and heirs, when partners plan a joint business or participation in an existing company of one of them, or when one spouse temporarily does not work (childcare, studies, parental leave) and depends on the other’s income. In these cases the contract protects not only the “stronger” partner but can also guarantee material support for the more vulnerable partner by setting out alimony, compensation, a share in property and rules for financing joint expenses.

What can be covered in a prenup
Within the limits of the law, a prenuptial agreement can regulate which property regime applies between spouses: joint, shared or separate ownership. It can define who owns a business, apartment, car and investments acquired before and after the marriage, how current expenses are allocated (rent or mortgage, utilities, children’s education, loans), what happens in case of divorce (who receives specific assets, how each party’s contribution is compensated, whether there will be maintenance for children and, in certain cases, for one of the spouses) and how debts, including loans and business obligations, are distributed. The key rule is that the contract cannot restrict fundamental human rights, humiliate one spouse or deprive them of minimum guarantees set by law; if the terms are clearly unfair, a court may refuse to apply them.​

Advantages of a prenuptial agreement
A prenuptial agreement has several important advantages. It reduces conflicts in times of crisis, because many painful issues are resolved in advance, without emotions and pressure. It increases financial transparency, as everyone understands what they can count on, which expenses are their responsibility and which are shared. It protects business and professional assets, allowing an entrepreneur to reduce risks both for the family and for the business. It also gives a sense of security, because a couple that has gone through a difficult conversation and reached an agreement usually feels more confident about their common future.​

Disadvantages and risks
A prenuptial agreement is not a magic pill and has its downsides. Discussing it may cause psychological discomfort, especially if partners have different financial expectations. There is a risk of unequal terms when one party is emotionally or financially weaker or lacks legal literacy, and the contract needs to be reviewed from time to time because life changes: children are born, careers advance, people move abroad or start new businesses. To reduce risks, the couple should avoid signing in haste “just before the wedding”, should not agree to unclear wording and, if possible, should each obtain independent legal advice.​

Signs of a mature decision to sign
A prenuptial agreement is about responsibility and respect rather than distrust. It reflects a willingness to look at the relationship not only through the lens of romance, but also through the lens of reality: money, work, risks and potential crises. A mature decision is evident when partners can talk about money calmly without manipulation or blackmail, when each is ready to defend their interests while understanding the limits of compromise, and when the agreement does not make only one side “the winner” but creates a sense of fairness for both. Therefore, the answer to whether a prenuptial agreement is worth signing depends less on the size of the assets and more on the partners’ readiness to negotiate honestly and think ahead; couples who are not afraid to formalize their arrangements in legal form usually demonstrate the maturity of their relationship rather than a crisis.​

Author and call to action
Author – Svitlana Krutorohova, attorney at the Advocates Association “Law Company WINNER”. If you have questions or issues related to a prenuptial agreement, division of property or protection of your interests in marriage and upon its dissolution, you should seek an individual legal consultation.