Prenuptial agreement benefits sound unromantic until you’re spending six times the value fighting over coats. You’re getting married. You’re penguins. You’re meant to be together. Talking about a prenup feels like planning for failure. Julia Fogarty’s response: 50% of marriages end in divorce, and the ones without domestic contracts spend thousands more getting there.

January is divorce month because people defer separations through Christmas, especially with children involved. By the time you’re negotiating in January, emotions are high and rationality is gone. One client spent $30,000 in legal fees fighting over a coat collection worth $5,000. The emotional attachment made the economic decision irrational. A prenup prevents this by setting terms when you’re not hurt. It also forces financial disclosure. You’ll know your partner has no credit before you co-sign a mortgage. You’ll see the debt before you’re legally tied to financial irresponsibility.

Life changes, and so can the contract. You can amend a prenup or create a postnuptial agreement when major events happen. Maybe neither of you wanted kids, you had an accident, became great parents, and one of you left your career. The terms should reflect that shift. The conversation is uncomfortable, but defining what happens if it doesn’t work actually takes pressure off the relationship while it does.

Topics: prenuptial agreements, divorce planning, domestic contracts, marriage financial disclosure, postnuptial updates

GUEST: Julia Fogarty | Senior Associate Lawyer at Shulman and Partners LLP

Originally aired on2026-01-30