Most of the time what is in a prenup should be part of your state law anyway. Write your congressman (state not national) and get reasonable laws in place. Most people shouldn't need one.
While it's true that most things in a prenup are also in law, this overlooks one benefit. I would say that the benefits would be marginal if the two parties have similar assets and incomes (and being rational helps).
The laws are generally guidelines. Judges can basically do what they want and make exceptions. There can also be fights in the undefined areas and proving ownership of specific items, etc. I would think business ownership would be a big one for many people on this site. If divorce under the law was straightforward, then it wouldn't cost tens of thousands of dollars in lawyers fees to navigate the system.
If you have a prenup, the terms are more settled and more specific to the individuals. Courts are generally more compelled to honor the terms under contracts that are consistent with law than making those same determinations through examination and application of the laws alone (I've witnessed many incompetent magistrates and judges). This can also avoid some of the nastiness that can come up in court testimony that may impact/involve any kids involved.
The laws are generally guidelines. Judges can basically do what they want and make exceptions. There can also be fights in the undefined areas and proving ownership of specific items, etc. I would think business ownership would be a big one for many people on this site. If divorce under the law was straightforward, then it wouldn't cost tens of thousands of dollars in lawyers fees to navigate the system.
If you have a prenup, the terms are more settled and more specific to the individuals. Courts are generally more compelled to honor the terms under contracts that are consistent with law than making those same determinations through examination and application of the laws alone (I've witnessed many incompetent magistrates and judges). This can also avoid some of the nastiness that can come up in court testimony that may impact/involve any kids involved.