A prenuptial agreement,
often known as a “prenup,” can be an intimidating concept for some. This type of document can be used to determine how a couple’s marital assets will be divided in the event of their divorce, and some people’s minds, this makes it easy to assume that a prenuptial agreement is a plan for a divorce. But a better way to think of a prenuptial agreement is to compare it to a homeowner’s insurance policy: no homeowner plans for their house to be damaged by a natural disaster, but if a storm comes and tears the roof off, the homeowner will be glad he or she bought an insurance policy.
If you want to discuss a prenuptial agreement with your partner but you are not sure how to start the conversation, keep the following tips in mind: Focus on the Prenup’s Positives
A prenuptial agreement will benefit you both. Make this the focal point of your conversation – you are not looking to prevent your partner from laying claim to your marital assets in the event of a divorce, but making the divorce process easier for yourselves by streamlining your property division if you do choose to end the marriage later.
A prenuptial agreement is not just for dividing property in a divorce. If either of you have children from a previous relationship, you can use your prenuptial agreement to ensure that these children inherit your assets in the even of either or both parties’ death. A prenuptial agreement can also be used to create guidelines for your joint finances during the marriage, like determining how your joint funds are invested and how your debt is managed.
Do Not Try to Convince your Partner that you are Right
A discussion about a prenuptial agreement should not be an argument or an attempt to “win over” your partner. Your partner’s concerns and hesitations are valid, and a prenuptial agreement he or she signs due to coercion or without being fully educated about its terms can be deemed invalid in court. Show your partner authoritative resources like online guides and books about prenuptial agreements so he or she can learn about them at his or her own pace and comprehend the material.
Your lawyer can help you start this conversation with your partner and answer any questions either of you have and clear up any lingering misconceptions. Make your lawyer part of the conversation and let him or her help you draft an effective prenuptial agreement for your marriage, because your financial needs and realities are different from other couples’ financial situations.
Our Team at Draper Law Office can Help you Create a Prenuptial Agreement
An experienced divorce lawyer can answer your questions about prenuptial agreements and work with you and your partner to craft one that suits your needs. To learn more about prenuptial agreements and start developing yours, contact our team at Draper Law Office today to set up your free, no-obligation consultation in one of our three office locations: St. Cloud, Kissimmee, and Orlando.