We’d all like to live in a world where every relationship ends with the words ”happily ever after,” but the unfortunate truth is that 40 to 50 percent of marriages in the United States marriages end in divorce.
That’s why, if you want to do as much as possible to make sure that your assets will remain yours after a divorce, a prenup may be necessary.
However, you can’t just sneak a prenup into your marriage. It may be uncomfortable, and even a bit scary, but if you want a prenup, you’re going to have to ask your partner about it.
Here are a few tips you can use to ease into the conversation without compromising your relationship:
Springing a prenup on your fiancee just before the wedding is asking for a disaster. If you know that a prenup is something you’re going to want from your eventual partner, bring it up early in the relationship. Let them know that it has nothing to do with trust issues or emotion, but sometimes life can throw crazy circumstances at married couples, and you just want to make sure that if there is a break that it’s as clean as possible. The more time that the parties have to consider and negotiate the terms of the agreement prior to the wedding, the more likely it is to be enforceable down the road.
It’s normal for the other party to get defensive or angry when you bring up a prenup. They might think you don’t trust them or that you’re planning on things going south. It’s important to remain calm, not to point any fingers, and just explain your reasoning behind the prenup.
Let them know that a prenup can prevent a messy, drawn out divorce, and that a prenup can also be mutually beneficial. Ask them, hypothetically, what they would want in the prenup. If you make your partner part of the process, they may be more comfortable with the idea.
If your partner is worried that your prenup is being put in place to allow you to be adulterous without the threat of any divorce-related repercussions, one possibility is to add in an infidelity clause that could render the prenup void if either party is caught cheating. However, you may want to avoid other ridiculous lifestyle clauses that would force you or your partner to behave a certain way over the course of your marriage.
Don’t get too greedy. You can’t expect your partner to get on board with the prenuptial agreement if it’s completely lopsided in your favor. In fact, the better the deal is for the other partner, the more likely they are to sign. Your attorney can help clarify what might happen in certain situations without the prenup; your spouse will probably be getting the same information, so be realistic about what the agreement should and should not do.
If you’re considering drawing up a prenuptial agreement for your marriage, consult the experienced family divorce lawyers at Babbitt & Dahlberg. We can make sure your prenup is fair, valid, and will adequately protect you in the event of a divorce.
Contact Babbitt & Dahlberg at 614-228-4200 or fill out our quick online form to schedule a consultation today.
