Bari Weinberger is schooled in all facets of NJ family law. With over 12 years experience dealing with family-related cases, from divorces to mediation, there is little she has not seen. In the following article, Weinberger discusses the delicate nature of prenuptial agreements. Oftentimes, only one partner wants this protective legal agreement. However, prenuptial agreements are an important part of marriage that no responsible couple should do without.
Marriage is a special time in your life and your spouse’s life. Both of you are about to enter into a partnership meant to last a lifetime, so it is hard to envision a situation where that partnership is eradicated. Legally speaking, marriage is also a contract under which two partners are fiscally responsible and obligated to one another. While it is unromantic to view marriage as a contracted business transaction, technically this is the reality of marriage. That is why you should always prepare to safeguard your business interests. A prenuptial agreement is just that — an insurance policy against a rocky time in your marriage. This day may never arrive. But if it does, you will have peace of mind knowing that you have a prenuptial agreement.
Even if you already understand the importance of a prenuptial agreement and want one signed, your partner may disagree. So, how do you approach the prospect of a prenuptial agreement to your impending spouse? Obviously, a great deal of sensitivity is required so it is recommended that you tread carefully on the subject. Here are some tips to make the process go smoothly:
- The Earlier the Better – Prenuptial agreements are serious business that is best not left until the last minute. Discuss the topic as early as possible and educate yourselves about the pros and cons of the process. Do not wait until the week before your wedding to break it to your fiancée that you are interested in a prenuptial agreement.
- Educate Each Other – People often think negatively about prenuptial agreements. Since prenuptial agreements have a poor reputation, it is important to ensure that your fiancée really understands the process. Come to the table prepared to educate and explain.
- Be Logical – When the time comes to have that talk, be rational. Emotional responses to these issues are expected, so remember to be understanding and reasonable.
- Speak to a Professional – It might prove difficult to convince your fiancée that he will benefit from a prenuptial agreement. Speaking to an independent attorney is an effective way for your fiancée to understand the legal ramifications of the process. Though it can be difficult to broach the subject of a prenuptial agreement with your spouse-to-be, a prenuptial agreement is really a contract that protects and benefits all parties involved.
With divorce rates what they are, it is wise to be prepared and implement protective measures. It is unfortunate that these agreements have come to be viewed so unfavorably, since a prenuptial agreement can truly be an asset to every marriage. While no one should enter a marriage without feeling assured and optimistic about its future, a prenup is a realistic and healthy addition to the modern marriage.
The information in the article is not intended to substitute for the legal expertise and advice of your family lawyer. You are encouraged to discuss any decisions and preparation of a prenuptial agreement with a highly qualified NJ family law attorney.
