We have blogged frequently regarding prenuptial agreements. There is also an advice piece on our firm’s web site entitled "Considering a Prenuptial Agreement – Should My Children Have One?" We have also recently been involved in drafting and/or negotiating a number of prenups lately. This has reminded me that one-size does not fit all when it comes to prenuptial agreements.
A lot depends on the stages in life that that the parties are in and what they are seeking to protect. For instance, if there are two young people starting out in life, the agreement should probably be very different then one where the parties are older, and this is a second (or third, fourth or fifth) marriage for them.
If both parties are young, and there is a desire to preserve premarital assets, family businesses, etc. that seems to be perfectly appropriate. Whether alimony should be addressed in such a prenup is questionable. However, I have seen cases where the alimony provisions in such agreements are punitive. Moreover, for young people, it may not be fair to insulate from distribution earnings during the marriage, but if that if is going to be done, then perhaps there should be a fair fund in lieu of equitable distribution.
For people who are both older in second marriages, perhaps the desire is to preserve the assets that each has for their children from their prior marriage. The issue of alimony, or the waiver thereof, may depend on the ages, disparities in assets, etc.
For people where there is a large age difference, consideration must be given to being fair to the less financially advantaged spouse (usually the younger one), while perhaps protecting the estate for prior children, or protecting someone from someone inclined to "marry for the money."
The permutations are endless as are the options. As I said, one size does not fit all.