Even if you know that getting a prenuptial agreement is always a good idea, figuring out how to bring it up to the person you are about to marry can still be tricky. Talking about a prenuptial agreement may not be the most romantic discussion you have ever had, but it is extremely important for all couples who plan to marry. Contrary to popular belief, signing a prenuptial agreement does not mean that you are preparing for divorce. These contracts can do everything from requiring you both to name each other in your respective estate plans to establishing whose separate property is whose. Prenuptial agreements can be helpful in a variety of circumstances other than divorce. Of course, if you were to get divorced, having a prenuptial agreement can drastically simplify the process.
3 Tips for Raising the Subject of a Prenuptial Agreement With Your Future Spouse
You might be afraid that if you bring up the idea of a prenuptial agreement, your fiance might think that you are not committed to the marriage. While some people will initially balk at the idea of making a prenup, almost all come around when they hear about the benefits these agreements can provide and why they are used. Some helpful tips for talking about getting a prenuptial agreement with your future spouse include:
- Framing the discussion - A lot of people think that couples who get prenuptial agreements are likely to divorce fairly soon. This is far from the truth. You can think of a prenuptial agreement as a contingency document - one that everyone should have - but most will not need. Anyone who has gone under anesthesia for even a simple and routine procedure like wisdom tooth extraction or a colonoscopy has probably been asked to sign a power of attorney or similar documents in advance. Of course, asking patients to complete these documents does not mean that your doctor thinks something is going to go wrong during the procedure. It is just smart to have a plan in place in case something unexpected does happen.
- Benefits outside of divorce - If your marriage ends only when one of you passes away, your prenuptial agreement can still serve you well. These agreements often contain terms requiring both spouses to create a will or trust to which the other is a primary beneficiary. They can also work to establish separate property for each of you that can be kept safe from another spouse’s creditors.
- Illegal terms - There is a limit to the terms a prenuptial agreement can contain. These agreements may not be drastically unfair to one spouse, so neither you nor your fiance should fear that they will be left destitute should the marriage fail. Terms related to child custody are also not allowed.
The reasons to get a prenuptial agreement far outweigh the reasons to avoid one. Aside from this, couples who can negotiate a prenuptial agreement show good communication and compromise skills, which may predict a successful marriage.