How to Respond When Asked, “Why Do I Need a Prenuptial Agreement When Everything is in Trust?”How to Respond When Asked, “Why Do I Need a Prenuptial Agreement When Everything is in Trust?”

Prenuptial agreements (prenups), also known as “antenuptials” or “premarital agreements,” address topics ranging from defining property and its treatment in the event of divorce (including residences and illiquid business interests), spousal support and counsel fees and rights in a spouse’s estate on their death. As couples are increasingly getting married later in life or after establishing their careers, prenups are reportedly becoming more common among Millennials, many of whom are also the children of divorce.¹ Traditionally, however, prenups were entered into only by the offspring of wealthy families. When imagining a bride- or groom-to-be proposing a prenup, you might assume a desire to protect a substantial family estate as the im...