Making the prenuptial agreement drafting process a positive one

Making the prenuptial agreement drafting process a positive one

On behalf of Mohajer Law Firm, APC posted in family law on Friday, November 2, 2018.

You believe that you and your spouse-to-be should have a solid prenuptial agreement in place before you tie the knot. You know that prenups are becoming increasingly common among couples whether they have a lot of money going into the marriage or not.

However, you’re not sure how your partner will react when you suggest it. Therefore, you’ve been procrastinating about broaching the subject. You know, though, that it’s not something that should be put off until the last minute. A good prenup takes time and discussion, and no one should feel pressured to sign something they’re not comfortable signing.

It’s important for partners to feel that a prenup protects both of them. Therefore, once you’ve suggested a prenup and begin discussing what you both want out of it, it’s essential that you pay attention to what’s important to your future spouse.

For example, maybe you’re concerned with protecting the business you’ve just started. However, your partner may be worried about what will happen if they give up their career for a time to be a stay-at-home parent and then the marriage ends. If the prenup doesn’t represent both of your concerns, one person will understandably feel resentful.

Work through the prenup together. Don’t just have your attorney draw one up and present it to your future spouse. Agree on the terms you want to include before an attorney gets to work on it.

You should both have your own attorneys to ensure that your interests are protected. One person’s attorney may draw up the prenup, but the other one’s attorney should review it and raise potential issues if necessary.

Having the right attorneys can make a big difference in how peaceful the prenup process is. You should each choose an attorney who will look out for you, but with an eye to protecting the relationship. An attorney with killer instincts may be what some people need in a divorce, but not when drafting a prenup.

You hope that you and your intended will be together forever. You just want some insurance that you’ll be protected financially and have a fair settlement if that doesn’t happen. If you and your attorneys go about the prenup drafting process with that attitude, it can actually bring you and your future spouse closer together as you discuss your goals.

Tags: Family Law

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