For Better or For Worse?

Brides and grooms may be approaching their vows with more financial caution today than in the past. In a recent survey, more than 90% of the members of the American Academy of Matrimonial Lawyers said the use of prenuptial agreements had ratcheted up in the past 10 years. Why? Greater awareness of the option was the top reason cited, followed closely by the fact that today there are more second and third marriages.

How do you know if you're one of those for whom a prenup makes sense? Most lawyers recommend them for individuals with their own or a family business, children from previous marriages or significant assets or inheritances they want to protect. But matrimonial attorney Raoul Felder, based in New York City, goes a step further. "If you're getting married today and you don't have one, you ought to go to a psychiatrist and not a lawyer," he says.

If you opt for a prenup, you need to make sure it will stand up to a legal challenge. To that end, each party needs his or her own lawyer. Felder says the agreement should be signed before the hall is rented or the invitations are sent out. If it's done too close to the wedding date, pressure on a spouse to sign (rather than face the humiliation of being stood up at the altar) could be enough to have the agreement thrown out in court.