How to introduce a prenuptial agreement into a pending marriage

Being prepared for the worst and hoping for the best is the key to a stable future. This is why people save for retirement, create rainy day funds and find other ways to allow themselves a sense of security while they plan their lives. When it comes to divorce, more and more Californians are becoming aware of the importance of prenuptial agreements before they marry. The main reason to establish a prenuptial agreement is to protect both parties’ assets in the event of divorce.

In most cases, once a couple has become engaged, they begin preparing for the big event — their wedding. A whirlwind of planning and shopping seems to follow, even when couples think they have set aside enough time for everything. Some couples, though, begin to consider a prenuptial agreement — unless one partner thinks that such an agreement hints at a divorce later.

Each case is unique. Although prenuptial agreements have many benefits, they may not be right for every couple. Before suggesting a prenuptial agreement, a prospective spouse should think about the best way to introduce the issue to the person’s partner.

First, the benefits have to be made clear — a prenuptial agreement is only protection against any future problems, not a guarantee they will happen. If one or both partners has already been through divorce that had a financial sting, a prenuptial agreement will make complete sense.

Second, the party who wants to discuss a prenuptial agreement should avoid using phrases such as “I need” and “I want.” These statements can be misinterpreted as demands by someone who only wants to protect the person’s best interests.

A couple who has decided to craft a prenuptial agreement should make sure they understand all the legal complexities created by these agreements before completing one.

Source: The Huffington Post, “Do prenups ruin romance?,” Mindy Utay, May 7, 2014