I recently wrote about the ten questions that a couple should ask before getting married. Heather Mahar, of Harvard Law School, is currently studying whether prenuptial agreements actually increase the likelihood of successful marriages. Mahar argues that couples who sit down and solemnize what they will do with marital assets in the event of a divorce and who also discuss other important questions before they walk down the aisle are more likely to stay married. Mahar goes even further to suggest that prenuptial agreements should be mandatory. She states that the process of creating a prenup acts as form of premarital counseling, making couples talk about what kind of marriage they want, and what legal ramifications there will be if one spouse veers off course. While I don't think that you could ever make prenuptial agreements mandatory as a matter of public policy, I do see the value in prenuptial agreements. However, I think that people should discuss marital expectations prior to marriage, and that those expectations don't necessarily belong in a formal agreement.
If you would like to read more about the Harvard Study, please see: