Raising the issue of a prenup with your spouse can be an awkward situation. In contrast, the number of engaged couples who prefer prenuptial agreements has increased in recent years.
Most people believe a premarital agreement shows a lack of confidence and trust in one’s partner. However, a prenuptial agreement can lay the groundwork for a respectful and open marriage.
The seasoned family law attorneys at Douglas Family Law Group have worked with couples from many walks of life to create legally binding prenuptial agreements. We can help you understand the legal implications of a prenuptial agreement and craft a document that reflects your unique circumstances.
Keep reading to learn more.
How to Gently Bring Up the Subject of a Prenup with Your Future Spouse
A prenuptial agreement may benefit both spouses. But one of the spouses that may be less enthusiastic about the agreement must recognize how this arrangement will help them. Most people are reluctant to consider signing a prenup because they believe it would reduce the money they receive in a divorce settlement.
Prenuptial agreements are becoming increasingly common before marriage. There are many compelling benefits to signing a prenup. Our team of family lawyers understands the potential for heated property disputes after a divorce, making it necessary to negotiate a prenuptial agreement in place.
Here are some valuable tips for discussing a prenup agreement with your spouse.
Pick the Right Time to Have the Conversation
Timing is crucial when choosing when to talk about the prenup. Avoid bringing up the subject when your partner is furious or arguing. Ensure to start the conversation when your partner is in a pleasant mood and has a positive mindset.
Explain the Benefits of a Prenuptial Agreement to Your Fiancé
Don’t force your partner to sign a prenup if they are unsure of its usefulness. It may make them suspicious of your motives and put them on the defensive. Instead, it would be best if you seriously discussed the many advantages of a prenuptial agreement with your future spouse.
Let them understand that a prenuptial agreement is like purchasing a life insurance policy. Essentially, prenups prepare potential spouses for a “what if?” situation.
If you and your spouse want to be on the same page about how property and debts will be shared in the event of a divorce, consider drafting a prenuptial agreement. You and your future spouse may have different ideas about who should get what in case of a divorce or death in the family if you don’t have a prenuptial agreement.
Expect a Tough Conversation
Prenuptial agreements can be emotionally charged, especially when one partner has significant assets and the other does not. Therefore, you should be ready for what could turn out to be a challenging conversation.
Ensure the Process Is Collaborative
Don’t make prenup decisions without consulting your future spouse. When you don’t include your spouse in conversations, they may feel like you don’t value what they say. Make the process of creating the prenup agreement with your partner a cooperative one where both of you are treated equally, and each person has a voice in the final product.
You can recommend that your future spouse retain a lawyer to negotiate the prenuptial agreement’s provisions on their behalf if they feel uneasy doing it independently. You may also have legal counsel to act as your representative during negotiations.
You should consult with a reputable family law attorney to help you through the complex process of drafting a prenuptial agreement. We will work with your future spouse’s attorney to draft a fair prenuptial agreement for both parties.
Listen and Be Receptive
Be receptive to your partner, acknowledge their worries, and think critically about their suggestions. Listen carefully to what they are trying to tell you by putting yourself in their position.
Don’t try to silence them when they express disagreement with you. Bear in mind that you are having a conversation, not an argument. You will most likely have some points of contention with each other. Rather than dwelling on your fundamental disagreements, look for opportunities to collaborate on a win-win solution.
Honesty Is Crucial
Being open and honest with your future spouse is beneficial in all aspects of life and marriage, including prenuptial agreements. If you and your fiancé are open and honest about your desire for a prenup and remain actively engaged in the negotiation process, your fiancé may feel more at ease.
Your fiancé may feel more comfortable with a prenup if they know you have nothing against staying married and do not intend to take any of their hard-earned money or property.
Put Yourself in Your Fiancés Shoes
When raising the subject of the prenup, it’s crucial to put yourself in your fiancé’s shoes, especially if there is a significant disparity between your respective levels of wealth and debt.
Understanding their financial worries and obstacles will allow you to talk about the prenup while considering your requirements and reducing the chance of unnecessary stress.
Discussing a Prenup Is Challenging
Marriage is often viewed as the pinnacle of commitment by society. Your soon-to-be-spouse promises to devote themselves entirely to the marriage and expects the same from you.
Your fiancé may view your suggestion of a prenup as a concession that you no longer intend to be with them “forever” or as a hint that your marriage is doomed to end in divorce if you both sign the document. But a prenuptial agreement may actually help the marriage get better.
Engaged couples often face additional difficulties when discussing finances. The topic of each partner’s financial situation is often glossed over until it becomes an issue.
Consult Our New York Family Law Attorneys
At Douglas Family Law Group, we recognize that every couple is unique and that their marital and parenting goals will vary. That’s why we take the time to learn about our clients so we can draft personalized prenuptial agreements that safeguard their interests.
We have extensive knowledge of New York family law so we can tailor a prenup to your needs.
If you need more advice about prenuptial agreements in New York, call us today at 914-303-8408
to schedule a consultation.