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31 J. Psychiatry & L. 415 (2003)
The Psychology of Prenuptial Agreements

handle is hein.journals/jpsych31 and id is 423 raw text is: The Journal of Psychiatry & Law 31/Winter 2003 The psychology of prenuptial agreements BY SAM MARGULIES, PH.D., ESQ. Although prenuptial agreements appear to be growing in popularity, the use such an agreement does not augur well for a marriage. Almost invariably the agreement is sought by the economically stronger party in order to render himselffinancially invulnerable in the event of a divorce or to ensure that the spouse receives nothing in the event that he dies. Such motivation usually masks underlying troubles in the relationship involving issues of power, trust and sharing. Most emotionally legitimate issues are provided for by existing divorce law, and the desire to be invulnerable notwithstanding prevailing law suggests problems potentially fatal to the marriage. With ever greater numbers of divorced people getting remarried, lawyers are receiving more requests to draft prenuptial agreements that spell out what happens if the marriage ends in divorce or death. Textbooks and formbooks have proliferated, as have continuing-education courses for lawyers who want to master the technical details of protecting their clients who are about to marry. What have not been studied or taught, however, are the emotional implications of a prenuptial agreement and the emotional © 2004 by Federal Legal Publications, Inc.

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