25-01-2021

Just as strategic planning in industrial supply chains requires a comprehensive understanding of complex arrangements, so too does the crafting of legal agreements such as prenuptial agreements. As industry professionals know, the evolution of production and distribution is an ever-watchful dance that must be anticipated to secure success as well as longevity. Understanding how the industrial supply chain will operate plays a significant role in developing robust business practices, just as being knowledgeable about the industry is essential to being a capable attorney.

But why does a prenuptial agreement even matter to industry professionals? For one thing, unlike the supply chain where processes are identifiable, when it comes to relationships there is a lot of unpredictability. A marriage is comprised of individuals who have their own needs. Moving on to a new agreement doesn’t even begin over a difficult breakup. Sometimes, and this happens a lot with industry partners, agreements can grow weaker over time, so that what was once an efficient operation no longer fulfills the goals of partners. Plans can also go haywire because someone is unable to fulfill his or her responsibilities, or someone has sought something outside of the existing agreement without consulting another partner.

In any case, it pays to have protections set up for yourself and your possessions. When adults marry, assets that were once solely theirs become marital property. Essentially, if you and your spouse do not have a prenuptial agreement in place, you each will be entitled to half of everything earned and acquired during the marriage. For industry professionals, that could literally be millions in property, businesses, and equipment that could wind up in someone else’s hands. A prenup can allow you to keep what’s yours rather than dividing it with someone who doesn’t know the first thing about doing business in your industry.

So, what are some other benefits of a prenuptial agreement? Well, for one, a prenup can be a way to clearly set out the consequences of a relationship going bad. For instance, if you expect that neither you nor your spouse will ever seek spousal support in the event of your separation, that can be put into the prenup. If and when you would like your divorces to occur, just as in the supply chain where you have shipping terms, you could set out certain requirements for when or how your marriage can end. It might be that you decide that after seven years, divorce proceedings can’t get underway unless a third-party agrees to them.

The great thing about a contract like a prenup is that you can tailor it to suit your needs. But again, if you don’t know how to craft a business plan, you can’t expect to know how to prepare for a marriage to go south. Also, if you don’t go into a marriage with enough foresight, you can’t just as easily expect for your spouse to have made better decisions than you. Getting people to come to the table and to agree on certain terms can often feel like the negotiation of a multi-million dollar business contract, which is not to far from the truth. And like any contract, you don’t know whether what you agreed to makes sense until it’s too late. You’ll know when your spouse starts to make claims for what they believe they are entitled to in the settlement.

What’s more is that even if you do enter into a prenup, you may find that the court won’t enforce it. If either party enters into it under duress or if the contents of the prenup are not made known to both parties, it’s possible that the judge will rule against enforcing the document. The only way to ensure that a contract such as a prenup is enforced is to make sure it meets all legal requirements.

But the upshot is that prenups are increasingly being used to protect the interests of people in and out of the industry. Their value lies in the fact that they clearly set out the terms of a relationship, and like industrial contracts these agreements aim to prevent future disputes. In fact, the most tempting reason for entering a prenup is the opportunity it provides for creative problem solving and planning. You can decide what your relationship should look like while preventing someone from taking advantage of you or vice versa. Like in any industry, developing innovative strategies is the way to stay ahead and stay safe.

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