The "temporary incompetence" of clients due to their emotional state and the attorneys' paternalistic attitude toward clients create a lack of understanding on the part of both the attorney and the client. This is the legal equivalent of a ship that hits rocks, runs aground, veers off course, and possibly sinks.
A prenuptial agreement is what couples execute when they want to contemplate what will happen to their respective assets prior to getting married (in the event of a divorce). I am often asked: "what do you advise"? The truth is, there is no truth. Every couple must decide for themselves whether they want such an agreement in the first place, and if so, the terms thereof.