Prenuptial agreements used to be contracts executed almost solely by the very rich, influential and famous. As the rate of divorce has increased over the decades, however, more people from typical homes are considering prenuptial agreements a necessary component of any potential marriage. After all, it reduces the risk of total financial devastation in the event of a divorce in the future. Some couples spend tens of thousands of dollars to split up their lives and assets.
A prenuptial agreement can protect both future spouses from the financial expense and strain of a protracted, contentious divorce. If you are recently engaged, you may not want to think about the potential of your marriage ending. That isn't a fun conversation to have with your fiance, but it is an important one.
After all, getting married is a time of optimism and looking to the future. However, much like estate planning, drafting a prenuptial agreement can actually be a responsible way to plan for the potential end of your marriage.
Make sure you highlight the fact that a prenup will protect you both
To some people, getting asked to sign a prenuptial agreement may feel like a slap in the face. They may feel like you are accusing them of being a gold-digger. They may also feel like you believe the marriage is doomed. Highlighting the fact that a prenuptial agreement protects you both may smooth over some of this negativity.
Both you and your future spouse can set terms in regard to common divorce issues like spousal support and asset division. You both have the opportunity to protect your future financial interest. More importantly, executing a legally sound prenuptial agreement before you marry can reduce the amount of anger you both experience during a divorce and keep the expenses related to ending your marriage minimal. It will be easier for both of you to move on.
You should have your own legal representation before signing a prenup
The best prenuptial agreement is highly detailed and specific to your situation. Once all the details are in writing, both you and your fiance should sit down with your individual attorneys to go over all the terms. This review process helps ensure that the contract is not skewed to the benefit of one spouse at the expense of the other. It also helps the courts to uphold the contract in the event of a divorce.
While signing a prenuptial agreement during your engagement may not feel romantic, it is actually a responsible step to take. You and your fiance can start your marriage out on the right foot, knowing that if anything goes wrong, you will already have rules in place to separate from one another with dignity and respect.