Increasing Couples Entering Prenuptial Agreements: Examples of Contract Terms and Public Opinions Compiled

2020.10.28 published

Things You Should Know About Prenuptial Agreements

Have you heard the term "prenuptial agreement"?

A prenuptial agreement is an arrangement made between engaged partners regarding their marriage.

It is formalized in a contract or memorandum before becoming a couple.

It is a common practice abroad, but in Japan, it is not well known, and many people have the image that the word "contract" implies that it is "detailed! Cold!"

When people hear about "having a prenuptial agreement," many might be surprised and think, "What?! Does that mean there's no love?"

Recently, various opinions about prenuptial agreements are circulating on social media.

The trigger was a recent television program called "Gut Luck!" showcasing prenuptial agreements.

@k.ii_wedding

The singer SILVA, who appeared on the show, commented that she signed a prenuptial agreement five years ago when she got married and is very satisfied with it.

Prenuptial agreements might seem daunting if you don't know much about them.

We will introduce detailed information, including public opinions and examples!

What is a Prenuptial Agreement? Does it Have Legal Force?

Prenuptial agreements are a common custom in Europe and America.

In English, it is called a "prenuptial agreement," often abbreviated as "prenup."

They primarily involve clearly defining how finances will be managed before and after marriage, including matters like asset management and debt responsibilities.

Prenuptial agreements that involve asset arrangements have legal force and can be enforced in court if violated.

However, according to Japanese law, "contracts made between spouses can be revoked at any time (Civil Code Article 754)," so if you want them to have legal force, it needs to be signed before submitting the marriage registration.

Are Prenuptial Agreements Increasing in Japan!?

Like SILVA, it is said that the number of couples entering prenuptial agreements in Japan is gradually increasing.

However, in Japan, prenuptial agreements often do not focus on asset arrangements, but rather include aspects about the nature of "married life."

For example:

☑ Divide household chores by the day of the week

☑ Go on a date at least once a week

☑ Consult before making purchases over a certain amount

Rather than a strict contract, it resembles rules for married life.

In the case of such agreements, they have no legal force (you cannot claim damages for not doing household chores…), but are thought to play a significant role in aligning values before marriage.

@misamisa24

What Do People Think About Prenuptial Agreements?

Various opinions about prenuptial agreements are being expressed on Twitter.

Here are some examples.

Starting with the opposition. There are quite a few who hold negative opinions about "prenuptial agreements."

Some people may think, "If you can't trust each other without a contract, does that mean you can't decide things flexibly?"

twitter 埋め込みコンテンツ

twitter 埋め込みコンテンツ

twitter 埋め込みコンテンツ

twitter 埋め込みコンテンツ

The "Like It!" Camp

On the other hand, there are voices recommending prenuptial agreements.

Supporters often feel that the value lies not in the contents of the prenuptial agreement, but in "discussing each other's values because of the prenuptial agreement."

twitter 埋め込みコンテンツ

twitter 埋め込みコンテンツ

Basic Argument

Some argue that what is crucial is not whether one wants to have a prenuptial agreement, but whether the couple can discuss the rules of married life.

It may indeed make sense that if a relationship cannot hold a serious discussion about married life, it should not lead to marriage…

twitter 埋め込みコンテンツ

twitter 埋め込みコンテンツ

What is the Meaning of Having a Prenuptial Agreement?

There are various perspectives on prenuptial agreements.

When people hear "prenuptial agreement," they may have a negative image of "discussions about assets in the event of divorce," but this is a misunderstanding.

The prenuptial agreements gaining traction in Japan are about "documenting each other's values to ensure the couple can live happily together."

When approaching marriage, it is easy to overlook differences in habits and values.

While discussing the wedding or new home can be enjoyable, topics like postpartum work, household task division, life insurance, and caring for parents are rarely discussed.

However, as they say, "Marriage is not the goal," a long married life has only just begun.

It is essential to discuss the future seriously and earnestly during the blissful engagement and newlywed period.

Rather than aiming to bind the partner with strict rules, prenuptial agreements should be seen as a way to "respect each other's values."

@haruno45

Examples of Content and Items to Include in a Prenuptial Agreement

Many of you might be interested in prenuptial agreements.

You might be curious about what actual prenuptial agreements look like.

Here are some examples of prenuptial agreements.

～～About Household Finances～～

☑ Both parties will have an allowance system, with amounts discussed each time

☑ Each party will report their income to one another

☑ Any bonus or temporary income must be reported

☑ Consultation is required before purchasing items or services over a certain amount

☑ The wife will manage the household finances and report to the husband at the end of the month

～～About Household Chores and Childcare～～

☑ All household chores will be shared equally

☑ Actively utilize outsourcing with mutual agreement

☑ The wife will focus on childcare for one year postpartum

☑ Both parties will attend child-related events equally

～～About Communication between Couples～～

☑ Notify each other of return times daily

☑ Limit drinking parties to once a week

☑ Spend anniversaries together

☑ Spend at least one day of the weekend with family

☑ Have a family meal out at least once a month

☑ Coordinate long-term vacations to spend together

～～About Health～～

☑ Undergo annual health check-ups and report results to each other

☑ Prioritize health and pay attention to diet

☑ Do not smoke

☑ If either requires care, both will make efforts to provide care

@0310_nzm

Prenuptial Agreements: Yes or No?

I have introduced prenuptial agreements that are currently trending online.

What do you think? Are prenuptial agreements a yes or a no for you?

In cases of prenuptial agreements related to married life, they do not have legal force, but they can be notarized and stored at a municipal office for around 20,000 yen.

Even if issues arise in married life later, having a prenuptial agreement that states, "But we decided this in the prenuptial agreement," might help navigate through them.

Of course, since environments and situations change, it's also necessary to periodically review and adjust the contents.

(SILVA also reportedly includes a clause to "review the content of this contract every January 1.")

Ideally, you want to aim for a relationship where you can work together through life.

How about discussing prenuptial agreements with your partner?

@keny.wedd