Most married couples have a collection of romantic memories they treasure for a lifetime… The first date, popping the question, and walking down a flower-strewn aisle. While discussing a prenuptial agreement may never make the list of cherished romantic moments, approaching this important discussion doesn’t have to cause anxiety or trepidation.
By framing the issue in a positive manner and broaching the subject with open communication and honesty, discussing a prenuptial agreement with a future spouse doesn’t have to be unpleasant.
Choosing the right moment to discuss a prenup is the first step in a successful conversation. It’s important to bring up the subject in private, during a relaxed moment when both you and your partner are feeling close and trusting. Never broach the subject during an argument or in front of family and friends.
Be sure to choose a time that is far enough from the wedding date to allow ample opportunity for both parties to hire attorneys, make financial disclosures, and decide on mutually acceptable terms.
Asking your fiancé for a prenuptial agreement does not have to convey mistrust or indicate a belief that the marriage will end in divorce. Instead, focusing on the positive aspects of a prenuptial agreement is helpful. Be sure to reiterate that a prenuptial agreement protects both spouses during the marriage. It helps to define each partner’s separate assets so they don’t become commingled.
It may also lay out terms for handling finances and assets during the marriage—helping to prevent disagreements and arguments. For example, the prenup may state that the spouses agree to consult each other before making large purchases, such as new vehicles or property.
It may state financial terms such as which spouse pays the mortgage, which contributes to a joint retirement fund, and how to file taxes and allocate tax refunds.
A well-executed prenuptial agreement provides substantial protection for both partners during the marriage and provides an important financial structure to follow.
Another way to discuss a prenuptial agreement with a partner in a way that focuses on the positive aspects is to highlight one often overlooked aspect of a prenuptial agreement—the fact that both partners set the terms during a time in their lives when they are at their most loving and generous best toward each other. Essentially, this encapsulates their caring and magnanimous feelings at their finest and extends those protections into the future.
Even if the worst happens and the marriage ends in divorce, the enforceable prenuptial agreement’s tribute to the spouses’ early loving protection for each other stands. It prevents adversarial feelings from developing into a hotly contested divorce and serves as a reminder of what brought them together. By framing the discussion in this way, it makes the conversation far easier and maybe even romantic.
Finally, when discussing a prenuptial agreement with a fiancé, it’s helpful to reiterate the fact that a prenup isn’t exclusively a contract determining the retention and dispersal of marital assets during a divorce. It is also an important part of an overall estate plan.
A prenuptial agreement typically outlines the terms of asset dispersal upon the death of one or both spouses and protects against state laws that would otherwise disperse assets in a way that may not align with the wishes of both spouses.
A prenuptial agreement must carefully adhere to the law and include legally enforceable terms. Call Ciancio Ciancio Brown, P.C. for experienced representation to craft a prenuptial agreement that’s not only acceptable to both parties but an act of caring and protection.
