A prenuptial agreement, known informally as a "prenup", is a contract which lays out how a couple’s property will be distributed in the event of a marriage breakup. Conversations about prenuptial agreements can sometimes go awry if the subject is not broached delicately. It is important to recognize that every couple is different and that discussions about prenuptial agreements will vary from couple to couple. If you are looking to draft a prenuptial agreement, the family law attorneys at Rick Banks Law can help. What follows are some tips to keep in mind when you are deciding how and when to approach the subject of a prenup.
Don't Be in a Hurry and Plan the Conversation Carefully Any conversation about a prenup is serious business. Therefore, it is best to have these conversations at a time when both parties can fully participate – and when neither party is in a hurry. It is also a good idea to plan the conversation ahead of time and think of the most important topics that you want to discuss.
Be Specific About Your Goals When discussing the possibility of a prenuptial agreement with your future spouse, it is important to be very clear about your personal, professional, and financial goals. One way of focusing in on these goals is to ask yourself why you want a prenuptial agreement in the first place -- and what purpose it will achieve. Always think in terms of the ‘big picture.’
Be Aware of Your Emotions When discussing a prenuptial agreement, it is important to keep your tone in check and to listen carefully to your fiancé’s concerns. When responding to your fiancé’s concerns, you should do so constructively and with an end goal in mind.
Be Candid About Your Finances Your finances include your income, assets, debts, and other financial information and obligations. You should be very candid in sharing this information with your fiancé in order to be clear on exactly what the prenuptial agreement will address. When it comes to finances, it is oftentimes better to talk to your fiancé about the proposed agreement before drawing it up in a written format.
Avoid Ultimatums It is always important to keep in mind that a prenuptial agreement is a two-way street, so to speak. Therefore, each partner should value the other’s input and include him or her in the discussions. A “take it or leave it approach” will almost never result in both parties being happy. Keeping an open mind is essential, and you can always put some topics off to the side and come back to them later, prior to finalizing the agreement.
Avoid Relying Upon Others for Advice While it is common for partners to seek advice about prenuptial agreements from their respective family members and friends, keep in mind that the agreement is really about you and your fiancé – and that you are the ones who must ultimately determine what goes into the agreement.
Contact a Fresno Prenup Lawyer Today to Discuss Your Case The subject of prenuptial agreements oftentimes creates more questions than answers. A Fresno family law attorney can help you to craft a serviceable prenuptial agreement that will work for both parties and incorporate all of their needs and goals. Contact the experienced prenup lawyers at Rick Banks Law by calling 559-222-4891 for a consultation.