Valentine’s Day is one of the most romantic days of the year, making it a popular occasion for marriage proposals.
If you’re planning to say “yes” on February 14th, congratulations! However, amidst the excitement and celebration, it’s crucial to consider the practical aspects of your future together.
As a seasoned psychologically trained family law attorney and mediator, I have guided many blissful couples on the multiple benefits of having a prenuptial agreement.
This is one of the most important discussions you should have before walking down the aisle!
What is a Prenuptial Agreement?
A prenuptial agreement, or prenup, is a legally binding contract between two people before they get married. It outlines how assets, debts, and other financial matters will be handled in the event of a divorce or separation. While prenups have traditionally been associated with the wealthy, they are becoming increasingly common for couples of all financial backgrounds.
Why You Should Consider a Prenup
- Protecting Pre-Marital Assets
If you or your partner own property, investments, or significant savings before marriage, a prenup ensures that those assets remain yours in case of a divorce. This is especially important for individuals who have inherited wealth or own a business. - Clarifying Financial Responsibilities
Marriage involves merging finances, but not all couples see eye to eye on money management. A prenup helps establish clear financial expectations, such as how expenses will be shared and whether separate bank accounts will be maintained. - Safeguarding Business Interests
If you or your partner own a business, a divorce could put its future at risk. A prenup can ensure that ownership and operational control remain intact, preventing legal disputes that might disrupt your livelihood. - Addressing Debt Liability
If one partner has significant debt, a prenup can protect the other from being held responsible for repayment. This is especially relevant for student loans, credit card debt, or past financial obligations. - Protecting Family and Children from Previous Relationships
If you have children from a previous relationship, a prenup can help secure their financial future by ensuring that specific assets are preserved for them. - Reducing Legal Costs and Emotional Stress in Case of Divorce
Divorces can be costly and emotionally draining. A prenup streamlines the process, potentially saving both parties from lengthy and expensive legal battles.
Addressing Common Prenup Misconceptions
- “Prenups are only for the rich.” Prenuptial agreements benefit couples of all financial backgrounds by providing clarity and security.
- “Prenups mean we don’t trust each other.”
A prenup isn’t about expecting a divorce—it’s about planning responsibly, just like having car insurance doesn’t mean you expect an accident. - “Prenups are unromantic.”
While not the most romantic conversation, discussing financial security can actually strengthen your relationship by fostering trust and open communication. This conversation should take place long before walking down the aisle.
How to Approach the Prenup Conversation
- Start Early
Don’t wait until the last minute to discuss a prenup. The earlier you bring it up, the more time you both have to consider and negotiate terms fairly. - Frame It as a Partnership Discussion
Explain that a prenup is a way to ensure both partners are protected and that it promotes fairness. - Seek Legal Guidance
Both partners should have separate legal counsel to ensure the agreement is fair and enforceable.
If you are getting engaged on Valentine’s Day, and thinking about a prenuptial agreement, call me.
Getting engaged on Valentine’s Day is a beautiful and memorable milestone, but marriage is more than just romance—it’s also a legal and financial partnership. A prenuptial agreement ensures that both partners enter into marriage with transparency, security, and a clear understanding of their financial future.
As a seasoned family law attorney and mediator with over 35 years of experience, I have drafted thousands of prenuptial agreements. I am creative, can think outside the box, and will provide you with a prenuptial agreement tailored to your specific needs. Don’t be afraid of a prenuptial agreement, if you do eventually divorce, you will be glad you had one!
Lots of couples ask how quickly I can draft a prenuptial agreement. Just give me your wedding date, and I promise to get you down the aisle with your prenup in hand!
Call me now to schedule your free consultation.
212.735.1551.
And to all of you getting engaged on Valentine’s Day, Congratulations!!
Lois
New York family law attorney Lois Brenner still has some appointments available this week.
Please call to schedule your FREE consultation now.
Call 212.734.1551