Marital agreements were once relatively rare. Only rich, famous or particularly powerful people generally required that their partners sign contracts before marrying them. That has certainly shifted in recent years. Social attitudes about prenuptial agreements are far different than they were a few years ago.
An increasing number of couples start their marriages with prenuptial agreements in place. In 2010, only 3% of the married couples questioned had signed a prenuptial agreement. By 2022, that number had increased to 15%! Currently, more than a third of unmarried adults report an expectation that they may sign a prenuptial agreement if they ever marry.
Not only are the agreements more common, but people are less concerned or defensive if their partners propose prenuptial agreements. Some married couples even agree to sign postnuptial agreements after they start their marriages. What has prompted the change in cultural attitudes regarding marital contracts?
High divorce rates
Divorce rates fluctuate based on factors including the age of the spouses and geographic location. However, a significant percentage of marriages end in divorce. Many people have witnessed loved ones go through messy divorces. Their parents may have divorced when they were young. In some cases, one of the fiancés might have married previously. Awareness of divorce risk and how messy divorce can become may inspire some people to negotiate prenuptial agreements.
Changing economic standards
It is more common for both spouses in modern marriages to work. It has become a necessity for many modern families to have two streams of income. Considering that people might have to make career sacrifices for the family after marriage, drafting a contract to protect themselves from the worst consequences of those sacrifices can be a smart move. People who don’t want to put their financial future at risk may want an agreement protecting them in the event that the marriage fails.
More pragmatic attitudes about marriage and divorce
People used to view divorce as a personal failing and prenuptial agreements as a sign that an individual wasn’t fully committed to their relationship. However, people now recognize that divorce might be necessary when people have differing values or expectations for their relationships or lives.
People also recognize how important it can be to protect personal resources when starting a marriage. As people have become more accepting of divorce, they have also become less judgmental about prenuptial agreements. Most people thinking about marriage have something to protect when they enter the relationship, and everybody may benefit from avoiding contentious, emotional divorce proceedings.
Discussing what might happen in the event of a divorce can help people strengthen their marriages and limit the conflict if a marriage ends in divorce. Those who draft prenuptial agreements may benefit from a healthier marital dynamic. If they eventually file for divorce, they have less reason to fight and a better understanding of what to expect.