Asking your soon to be spouse to sign a prenuptial agreement is a subject that is guaranteed to cause tension. Thinking about the end of a marriage before it has even started can be very difficult, but at times, necessary.
A recent survey of the American Academy of Matrimonial Lawyers recently showed that 62% of clients, particularly millennials, are now requesting prenups prior to getting married. There are a variety of reasons for this, but regardless of the reason, a prenup is typically a topic that no one wants to discuss. However, there are ways to have the discussion with your partner in a collaborative and positive manner that may ultimately make everyone in the relationship happy as outlined in the article below:
Do not wait to have the conversation
The earlier a prenup conversation can happen, the better. It may be uncomfortable but if a prenup is something you have in your mind from the beginning and it is something important to you, then you owe it to your partner to let them know as soon as possible. It may even be best to bring the topic up while you are still dating. By doing so, you can gauge your partner’s reaction and determine if it is a topic that may need to be handled with extra sensitivity.
Understand that no matter what you do, it is going to be a difficult topic
No matter what, discussing a prenup with your partner will be a difficult topic for them to process and it is likely that many questions will come with it. Be sensitive to that. It is important to be open, honest and respectful when bringing up the possibility of a prenup with your partner and allow them the time they need to truly think about the terms you are asking for.
Emphasize how much time and money you will be saving yourselves later
No one wants to think about the end of a marriage, but it is a very real possibility. If, and only if, the time comes that your marriage needs to end, both parties will save themselves quite a bit of financial and emotional trouble with a prenup.
Point out the positives
Not all prenups are designed to only protect one spouse as most people believe. A very well written and well thought out prenup can and often do protect the lower earning spouse.
Co-create the agreement
There is no reason that only one spouse should have control over the drafting process. You can both sit down and come up with an agreement that you are both absolutely comfortable with. A prenup can certainly protect both parties and should do so. In creating it together, this often alleviates one spouses fears.
At Argyris Mah,LLP we can help answer any questions regarding prenuptial agreements or draft a prenup for you and your partner. Contact our office at (408) 564-5674 or email us at firstname.lastname@example.org for a free consultation.