A new study by Heather Mahar of the Harvard Law School studied the misapprehension that a prenup increases the likelihood of divorce, and concluded that a solid prenuptial agreement is likely to improve the chances of a successful marriage.

Among 50% of marriages ending in divorce, a good prenuptial agreement can improve the chance of a successful marriage. A prenup should not only defend the assets, it should defend the marriage.

Mahar argues that the division of assets is "the least compelling reason for average American couples to consider prenuptial agreements, since most couples do not enter marriages with significant assets." However, she finds that "for couples who choose a traditional partnership, with one spouse exiting the workforce to raise children, agreeing in advance about how to divide assets earned during a marriage or potential future earnings can protect the stay-at-home spouse against divorce laws, which have generally eliminated long-term alimony."

The procedure of creating a prenup acts as form of premarital counseling, making couples talk about what kind of marriage they want, and what legal consequences there will be if one spouse veers off course. Mahar recommends mandatory prenuptial agreements, and using LawDepot.com's online prenup as a couple can make the process easier.