Family Law Blog

More Women Asking for Prenuptial Agreements

Friday, October 25, 2013
Just a few years ago, the term “prenuptial agreement” evoked images of a wealthy, possibly older man, and a young, possibly trophy wife, signing a contract that effectively blocked the wife from too much access to the man's wealth in the case of a divorce. Flash forward to 2013, and the situation is dramatically changed. According to a new survey of divorce lawyers, there has been a significant increase in the number of women who are requesting prenuptial agreements.

The survey was conducted by the American Academy of Matrimonial Lawyers. 60% of divorce lawyers in the survey admitted to seeing an increase in prenuptial agreements over the past three years, and 46% saw an increase in prenups requested by women. This is a significant finding, and it is possibly rooted in the fact that the real estate and financial markets are continuing to improve. That means that women are less likely to want to share these assets in a divorce.

This trend is also the opposite of just a few years ago when the housing market had crashed. In those days, divorce lawyers came across numerous cases involving spouses fighting over who would take the house with a substantially depreciated value. A house like this was considered to be a liability, and not an asset.

However, although women are now asking more often for prenuptial agreements, some things have still not changed. The average prenuptial agreement signed in California continues to include provisions for the separation of the marital property, as well as arrangements for alimony to be paid in the event of a divorce, and matters related to the division of the property in the event of a divorce.