Fortune | FORTUNE 10月03日
婚前协议:为婚姻奠定坚实基础
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本文由一位家庭法律师分享,强调了婚前协议(prenup)在婚姻中的重要性。作者结合自身经历,指出即使有婚前协议,婚姻的结束仍充满情感挑战,但协议能使过程更为清晰和可控。她创办HelloPrenup在线平台,旨在让婚前协议变得快速、经济且易于获取,帮助年轻一代(千禧一代和Z世代)在进入婚姻时拥有平和的心态,并鼓励伴侣在婚前进行必要的坦诚对话,从而优先考虑婚姻的长久与健康。文章还指出,大多数婚姻最终会以死亡或离婚告终,而缺乏规划(如遗嘱和婚前协议)会使婚姻在经历重大损失时变得脆弱,并面临不必要的经济压力。作者呼吁通过更经济便捷的方式,帮助伴侣建立坚实的婚姻基础,并强调现代婚前协议不仅是财富的保护,更是婚姻的“预防性医疗”,通过预先讨论潜在问题来加强关系,避免冲突恶化。

⚖️ 婚前协议的重要性与个人经历:作者作为一名资深家庭法律师,通过自身经历强调了婚前协议在面对婚姻结束时的重要作用。她指出,即使有“完美的”婚前协议,婚姻的结束依然会带来情感上的巨大冲击,但事先的准备和艰难对话能显著减轻这一过程的痛苦,使其更加清晰、平静和可控,并为女儿和前夫都带来了益处。这种体会促使她创立了HelloPrenup,一个旨在让婚前协议快速、经济且易于获得的在线平台,以期让更多夫妻能在进入婚姻时获得内心的平静,并为可能发生的未来做好准备。

📈 现代婚姻与婚前协议的普及趋势:文章指出,与传统观念不同,现代婚前协议正逐渐成为千禧一代和Z世代的标准配置。数据显示,75%的HelloPrenup用户年龄低于40岁,且他们并非富裕阶层,而是拥有适中净资产的年轻专业人士。这些年轻一代从上一辈的经历中汲取教训,认识到婚姻不仅是情感的结合,也是一项可能带来高昂代价和毁灭性后果的财务合同。他们更倾向于晚婚,并优先考虑实际需求,如购房,而非仅仅是奢华的婚礼。这些趋势表明,婚前协议正从富人专属的工具转变为普通大众保护自身权益、建立健康婚姻的重要工具。

💡 婚前协议的功能与现代应用:文章详细阐述了现代婚前协议的多元功能,远不止于财富保护。它被比喻为婚姻的“预防性医疗”,通过在婚前就可能导致婚姻破裂的关键因素(如不忠、生育问题、宠物抚养、赡养费和债务)进行坦诚沟通和明确约定,从而加强伴侣关系,避免冲突的升级。例如,文章提到36%的夫妻会在协议中加入不忠条款,这并非仅是惩罚,更是为了明确双方对“不忠”的定义。此外,还包括了关于生育(如胚胎处理)、宠物抚养权和费用、赡养费的约定,以及如何处理婚前或婚内的债务等,这些都为现代复杂多变的家庭关系提供了法律保障,帮助夫妻在享受婚姻的同时,为可能出现的财务或情感风险做好规划,确保公平和安心。

🌐 HelloPrenup平台及其社会价值:HelloPrenup作为首个在线婚前协议平台,致力于打破传统婚前协议昂贵且难以获得的壁垒,使其变得经济实惠且触手可及。通过与投资者的合作,平台已帮助超过10万人进行了重要的婚前对话,避免了聘请律师的时间和高昂费用。这不仅为普通家庭提供了法律保障,也体现了其社会价值——即在婚姻的早期阶段就建立一个受法律指导的空间,鼓励伴侣处理棘手问题,优先考虑婚姻的健康与长久。作者认为,无论性别、财富或背景,婚前协议都能提供赋权、公平和安心,让夫妻能专注于爱与共同的未来,并为婚姻的不可避免的结束做好准备。

As a family law attorney, I’ve walked countless clients through divorce. I knew better than most how emotionally and financially draining it can be. That’s why, when I got married, I did everything I could to prepare, including a prenup.

Years later, I went through my own divorce. It was everything I was “taught” in law school.

I said to myself, “you know what to do, you’ve helped so many clients navigate this before.” 

But just like being in a car accident, you don’t really understand the devastation it has on your life, regardless of how many times you’ve seen it in movies, put on your seat belt and reviewed your car insurance policy, until it happens to you.

Even with the “perfect” prenup, no one is immune from the emotional turbulence of ending a marriage. But because we had those difficult conversations up front, the process was clearer, calmer, and far more manageable than it might have been otherwise. That preparation was a gift — not just for me, but for my daughter and my ex-husband as well.

It’s what reinforced my conviction to build HelloPrenup: the first online prenup platform to make prenups fast, affordable, and accessible. I wanted couples everywhere to have the same chance to enter marriage with peace of mind, without unnecessary cost or conflict no matter what life brings their way. But most importantly — create a legally guided space where the tough conversations can be had so the longevity and health of the marriage is prioritized, while a plan is put in place.

100% of marriages end — and most endings are painful

Besides taxes and change, there’s one additional guarantee in life: all marriages will end — either in death at 60% or divorce at 40%. Yet only 33% have an estate plan in place in the event of death, and worse, only 15% have a prenup in the event of a divorce. This means the majority of marriages are vulnerable to the emotional, financial, & burdening experiences while they are grieving one of the most devastating losses they will ever go through. 

Without a prenup, couples are forced to rely on the government during one of the most vulnerable times in their lives, often facing unnecessary financial strain while navigating outdated, bloated systems. According to the 2022 Legal Services Corporation Justice Gap Report, 92% of low-income Americans receive little or no legal help in serious civil matters, including family law. When people represent themselves, even a small mistake can cost them custody, property, or long-term financial stability. Family law is complex — even for trained professionals — yet most families are left to face it alone, a reality that undermines the very principles of our justice system.

With most unprotected with a plan, I’m on a mission to help other couples build a strong foundation through a more cost-effective & accessible way that prepares couples for marriage through online prenuptial agreements. 

After being the first legaltech company on Shark Tank and with the support of investors like Kevin O’Leary and Nirav Tolia, we’ve helped over 100,000 people have important conversations up front without the time and expense of an attorney through the benefits of a prenup.

No longer reserved for the wealthy elite, prenups are becoming standard among Millennials and GenZ. 75% of HelloPrenup users are under age 40, with a median net worth of just $78,000. These aren’t trust-fund babies — they’re everyday young professionals who have seen firsthand the damage divorce can do. They know marriage isn’t just about love; it’s also a binding financial contract that can be expensive, adversarial and devastating to get out of if things go wrong. 

Beyond protecting wealth, prenups protect your marriage.

Prenups were once seen as a bad omen, signaling a lack of commitment. In reality, they work more like preventative medicine. Prenups help couples address the strongest predictors of divorce before they become toxic to ensure the health and longevity of the marriage.

By openly discussing these predictors and expectations at the start, couples strengthen their relationship instead of waiting until it’s “sick” with conflict. These candid and thoughtful conversations about potential scenarios and solutions allow partners to get on the same page and build healthy habits for the long run that can ultimately avoid the detriments of a divorce.

You’ve planned the perfect wedding. But have you planned for a successful marriage?

Millennials and GenZ are challenging societal norms based on lessons learned from previous generations. They’re getting married later (average age of a HelloPrenup user is 37, ten years older than the average age a decade ago), swapping lavish ceremonies for house down payments, and having pets and plants instead of children. 

These couples are also bringing more complex situations to the relationship than 20 years ago. Either party could own homes, businesses, retirement accounts, or side hustles before getting married. Many carry student loans or other debt, and 75% expect to inherit sizable sums from their parents as part of the Great Wealth Transfer.

One in 10 HelloPrenup users has been divorced in the past, and the remaining likely know someone who has been through it. With divorce rates at a staggering high of 50%, and second marriages hovering around 70%, there is more incentive than ever to plan in advance.

Absent a prenup, couples are at the mercy of their state’s laws to dictate the terms of the divorce. The last thing most want is to trust their finances to the state. Traditional family law can be archaic, inconsistent and not aligned with the realities of modern relationships. They were designed for heterosexual couples, where only the husband works, while the wife raises the family. Today, more women are the primary breadwinners, and their male counterparts are stepping into domestic roles to support the family. 

Infidelity & other important conversations

Infidelity is one of the most common topics addressed in a prenup: 36% of couples choose to include an infidelity clause, a number that has grown 3% since February of 2025.

But infidelity clauses aren’t just about establishing penalties for cheating – they are about setting expectations. There are infinite ways a couple might define infidelity: is it sliding into someone’s DMs on social media, engaging in intercourse, or somewhere in between? Prenups force couples to agree on that definition, perhaps even setting terms for an open marriage or other relationship boundaries. And it holds both parties accountable: the median damage amount for infidelity is $50,000, and with a median net worth of $233,000, an affair puts almost 25% of that at stake.

Modern prenups can also cover:

Fertility: One in six people are affected by infertility. 10% of HelloPrenup couples add an embryo clause in their prenup to establish terms for reproductive property. This is increasingly important as some state laws lean toward assigning embryos personhood status. A reproductive clause, including disposition terms, can protect your reproductive future, ensure that the ability to have children is on the couple’s terms, and doesn’t add pressure to find a partner while building a career.

Pets: One in three couples include a pet clause spelling out custody, visitation terms, how expenses like vet bills and pet insurance will be handled, and who has final say in care decisions.

Alimony/Spousal Support: If one partner sacrifices career advancement to raise children or support the other’s business or career, a prenup can ensure that any alimony/spousal support paid is sufficient and in line with the partner’s expectations and standard of living during the marriage. 

Debt protection: If one party brings debt to the relationship or they accrue it during the marriage by going back to school, starting a business, or gambling, state law may deem all debt to be shared debt, making both individuals responsible. A prenup lets couples determine how it should be handled (95% opt to keep debt separate).  

Affordable prenups: The great equalizer

By formalizing expectations (financial, behavioral, and emotional), an affordable prenup is the olive branch that allows modern couples to enjoy the benefits of a committed marriage while ensuring they’re not financially or emotionally wiped out in the event of a dissolution. 

They empower couples to protect their rights, maintain independence, and avoid outdated laws. Regardless of gender, wealth, or background, prenups offer empowerment, fairness, and peace of mind, allowing couples to focus on love and building their future together. And most importantly — they create a plan for the inevitable fact that every marriage will end, it’s just a matter of how and if a couple is prepared or not.

The opinions expressed in Fortune.com commentary pieces are solely the views of their authors and do not necessarily reflect the opinions and beliefs of Fortune.

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婚前协议 Prenup 婚姻规划 家庭法 法律科技 HelloPrenup 情感沟通 财务安全 现代婚姻 LegalTech
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