Is it too late to discuss a prenuptial agreement?

On behalf of Stange Law Firm, PC posted in Property Division on Friday, December 9, 2016.

If you are planning a wedding, you are likely overwhelmed with the amount of preparation that is required to pull off your “big day.” You are also likely overwhelmed by how much preparation is required in order to firm up the foundation of your actual marriage.

Like a successful wedding, a successful marriage takes work. Unfortunately, many couples wait until after their wedding has occurred to begin thinking about the health and stability of their marital foundation. Thankfully, if you are still in the planning stages,¬†you have time to consider what you will need in order to make sure that the foundation of your marriage is as solid as it can be before you say “I do.”

Prenuptial agreements help to foster healthy marriages

Some look at a prenuptial agreement as a document created in “bad faith.” They fear that signing a prenup will jinx the relationship. Others worry that executing a prenup makes it seem like one or both partners does not really believe that the union is going to last forever.

In reality, prenuptial agreements often help to stabilize marriages early and solidly. The drafting process compels couples to speak openly about their concerns, questions and expectations on issues as varied as money and where they intend to spend their winter holidays.

Some couples even choose to view prenups that primarily address finances in the event of divorce as a sort of insurance policy that they don’t ever intend to ever cash in. They simply know that they will rest more easily and fight less often if their expectations are kept in writing and are legally binding in case the unexpected ever occurs.

When the honeymoon is over

In some cases, the idea of a prenuptial agreement starts to make sense to couples after they have actually started to manage their household together and they discover just how different their ideas actually are. While drafting a prenuptial agreement isn’t an option at this point, a post nuptial agreement can be a useful option. Both types of agreements operate in similar ways, except that a postnuptial agreement is executed after a marriage has already been legalized.

Whether an agreement is drawn up before or after the wedding, in order to be legally binding both persons should generally consider retaining their own attorney who can help them look out for their own interests, while simultaneously respecting the wishes and needs of their finance or spouse.

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