Tips for those considering a prenuptial agreement

| May 23, 2018 | Family Law

Many engaged Arizonans dread broaching the subject of a prenuptial agreement with their partner. They fear it will introduce distrust into the relationship, destroy the romance and force them to discuss the possibility that their marriage could one day end.

However, the conversations that are part of developing a prenup can strengthen a relationship — and ultimately the marriage, because they involve discussing goals and financial matters that couples too often avoid. More importantly, a prenup can provide both of you with financial security.

Following are a few important things to keep in mind when you draft a prenup:

Don’t wait until the wedding day is fast approaching

The longer you wait, the more stressed-out you’ll both be with wedding preparations. Further, neither person should be able to make a case later that the prenup is invalid because he or she was pressured into it at the last minute or felt he or she had to go through with it because the church was booked, the gown purchased and invitations sent.

Once you’ve both agreed to have a prenup, outline a draft together. If one person presents the other with a draft, it can lead to suspicion from the start. If your partner is hesitant, emphasize that it is intended to protect both of you.

Hire the right attorneys

It’s essential that you each have your own attorneys so that both of your interests are protected. You may have to talk to more than one before you find someone you’re comfortable with.

Some people make the mistake of hiring an attorney who successfully represented a family member or friend in a divorce. That may be fine, but divorce negotiations and prenup negotiations are very different. You both want attorneys who will help you protect your interests and make sure that you understand all of the provisions, but also who will respect your relationship and what your partner is seeking. That brings us to our next point.

Understand what your partner wants from the prenup

You know what you want from the prenup (to protect your business, provide for children from a previous relationship and perhaps keep inherited assets, for example.) However, take time to understand what your partner wants. A good prenup doesn’t leave either person feeling as though he or she has been shortchanged.

An Arizona family law attorney who has experience with prenups can help you work to protect your assets and your relationship.

Source: Insider, “How to strengthen your marriage with a prenup,” Alyssa Rower, May 09, 2018

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