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Bringing up the subject of a prenuptial agreement can be difficult.
Some people are uncomfortable talking about finances, and others
fear that by asking their fiancee or fiancé for a prenup
they will be suggesting they distrust them. There is no doubt
that this is a very sensitive subject that should be approached
gently and well in advance of your planned wedding.
But a good marriage requires open communication and understanding.
So we suggest you be forthright, heartfelt and clear about your
desire to enter into a prenuptial agreement with your fiancee.
Initiating discussion about a prenuptial agreement compels you
and your soon-to-be spouse to discuss critical and important
issues.
The behavior and reactions of your partner in this process
is often extremely revealing. While working through a prenuptial
agreement may not seem like the most “romantic” project,
working together to consider and choose the terms of your maritial
partnership can actually strengthen your relationship. After
all, marriage is at the end of the day really the ultimate partnership
you can ever forge with someone, and if you were going into business
with any partner, wouldn't you first draw up an agreement that
addressed such basic concepts as who was contributing what assets
to the venture? And, further, wouldn't such a partnership agreement
also cover how the assets and liabilities of that arrangement
would be divided, should the partners decide to call it quits?
Preplanning with your partner by discussing what should be included
in a prenuptial agreement opens up essential conversations about
money and with that, conversations about values. Which assets
will be separate and which will be owned jointly? How do you
and your spouse wish to spend or invest your money? What debts
do you each have, and how will they be paid off? These are important
issues to discuss before marriage. Resolving these issues is
not being fatalistic or signaling a distrust of your fiancé or
fiancee. Having taken the precaution of entering into a prenup
just in case the marriage ends in divorce, prevents someone being
surprised financially if the marriage does not work out or one
of the spouses should die. terminates by legal separation or
divorce.
In many instances prenuptial agreements are not nearly the
tough sell that people fear they will be when they first raise
the issue with their fiancee or fiancé. Most high-net
worth individuals and those with significant pre-established
careers, and those dating them, expect that a prenuptial agreement
will just be part of the deal. It is no secret in this day and
age that people with wealth typically have attorneys and/or financial
advisors who are urging them to enter such agreements.
© 2006-2009 L.A Prenup Lawyer L.L.P,
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