And older professional couples also tend to have more investments, business and other assets to protect. An agreement can help a marriage by establishing a clear picture of what to expect, Murphy said. In second marriages, it can prevent tension in a family by setting aside assets on the death of one spouse. Often an agreement will be drafted to outline what partners expect within the marriage, she said. For example, one spouse might agree to support the other through school or agree to give up a job to raise the children.
Murphy advises each spouse to hire an attorney to draw up the agreement.
That makes it more likely that the agreement is fair to each spouse. She also advises couples to do their homework first, finding out from a library or the Internet how to structure an agreement. Then they should bring a sample agreement with them when they meet with their attorneys. This will help make the best use of their attorneys' time and save them money, she said. The courts now tend to recognize prenuptial agreements, but both spouses should expect to make full disclosure of assets for an agreement that will stand up legally, Murphy said.