Prenuptial agreement: why it, not romance, will save your marriage

When a couple announces their engagement, the last thing they want to talk about is a legal document for a possible divorce. The topic of a prenuptial agreement is still seen in our society as something cynical — a sign of distrust, a “divorce planned in advance”. But the truth is much more prosaic and, at the same time, more important: you already have a contract. The only question is who wrote it.

The default contract nobody has read
When you get married without a prenuptial agreement, you automatically accept the terms set out in the Family Code and other legal provisions. This is your “default contract” — a standard agreement, identical for millions of people with completely different incomes, professions, businesses, children from previous relationships, parents’ apartments, loans and plans for the future.

The problem is that no standard document can reflect the individual situation of a particular family. It does not know that the wife gives up her career for the sake of a child and loses income for several years. It does not know that the husband invests inherited capital into the joint business. It does not know which spouse will continue paying off a mortgage arranged before the marriage. A typical agreement decides everything “averagely” — and average solutions in family matters almost always turn out to be unfair to at least one person.

Divorce statistics, which every family‑law lawyer deals with, clearly show that the “default” agreement works poorly. Property disputes during divorce are one of the most exhausting, lengthy and destructive parts of the breakup, often more painful than the emotional experience itself.

Why a “contract” is about maturity, not mistrust
The main myth that stops people from signing a prenuptial agreement is the idea that it “assumes” a divorce. In reality, the logic is the opposite. A couple that sits down at the negotiating table and openly discusses their financial expectations, future assets, cost sharing, plans for business or real estate is a couple learning to negotiate before the stakes become real.

A prenuptial agreement is not about mistrust between partners. It is about mistrust in the idea that an abstract legal rule will handle your unique circumstances better than you can yourselves.

Think of it like business. No serious partner enters a joint venture without founding documents that define ownership shares, exit procedures, and the allocation of profits and losses. No one sees this as a sign of distrust — it is viewed as basic business literacy. Marriage is also a joint venture, only with far higher emotional and financial stakes, and yet for some reason this is precisely where people tend to rely on “it will somehow work out”.

What you can actually set out in an individual agreement
The flexibility of a prenuptial agreement is something the typical “default agreement” completely lacks. In it, spouses can agree on:

• the status of assets acquired before marriage, including business shares and intellectual property;
• how inherited assets and family gifts may be used;
• a mechanism to compensate the spouse who pauses their career for children or to care for relatives;
• the allocation of debt obligations and responsibility for loans taken individually;
• conditions relating to a joint business — who manages it, how profits are shared, what happens in case of divorce;
• arrangements for spousal and child support if the marriage does break down;
• mechanisms for reviewing the agreement — for example, after five or ten years, when life circumstances have significantly changed.

Importantly, a good prenuptial agreement is not a one‑sided document protecting the “wealthier” partner. A well‑drafted agreement protects both sides, taking into account each partner’s contribution — not only financial, but also those contributions that cannot be measured in money: time, career sacrifices, childcare and running the household.

Why now and not “sometime later”
The best time to sign a prenuptial agreement is before the wedding or at an early stage of marriage, while emotions have not yet become entangled with financial resentment. When a couple tries to deal with property issues during the divorce process, it almost always happens in an atmosphere of pain and distrust. When the same issues are discussed in advance, in a calm setting, they become negotiations between two partners who respect each other and their joint project called “family”.

Moreover, you do not have to sign an agreement only before the wedding. Spouses who are already married can also execute such a contract — when a business appears, an inheritance is received, children are born, real estate is acquired, or simply when they realise that the standard rules no longer reflect their real situation.

Key takeaway
Every couple getting married today already signs a contract — it is just that this contract is written not for them personally, but for an abstract “average” couple. And, as divorce practice shows, this basic agreement often works poorly: it fails to account for business, career sacrifices or the real contribution each partner makes to their shared life.

You have every right to replace this impersonal document with your own — one that reflects your specific circumstances, values and plans for the future. This is not about preparing for divorce. It is about a mature, honest conversation between two adults that, paradoxically, often strengthens a marriage far more than quietly avoiding an “uncomfortable topic”.

Author — Svitlana Krutorohova, attorney at Law Firm “WINNER”.
Contact us: info@uk-winner.com | +38 (096) 574 81 02