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Prenuptial agreements

On Behalf of | Aug 29, 2022 | Divorce

Your fiancé just asked for a prenup: Now what?

You’re in love, and ready to be married – but your fiancé just announced they want to get a prenup. Is the romance over before the marriage even starts? Does this show that your future spouse isn’t really committed?

How do you cope? Well, for starters: Try to think of this as one of those practical details that every couple should discuss before they get married. “What happens if we decide the marriage is a mistake?” should probably be right up there with “Do we both want children?”

Then, here are some tips on what to do next:

  1. Listen carefully to what your fiancé is saying.

Are they focused on fairness and making sure that – should your marriage not work out – you are able to remain friends and end your romantic relationship with dignity and a minimum of conflict? Or, are they focused mainly on protecting themselves, especially if they’re bringing more financial resources in the marriage than you are?

Your observations here can be very telling. If the former situation holds true, a prenup can be a tool to build a more solid foundation for your relationship. If it’s the second situation, you may want to rethink the relationship.

  1. Consider all of the options for the future.

It’s not uncommon for people to include time limits on a prenup. These “sunset clauses” essentially end the premarital agreement at a set point.

You could set the prenup to expire on your fifth, 10th or 20th wedding anniversary, for example – or even after the birth of your first child. This is often a comfortable way for couples to balance their concerns about the potential for divorce with their commitment to a joint future.

  1. Make sure that you fully understand all the terms.

Neither party should hand a pre-written agreement over to the other and ask them to sign it. A good prenup should be negotiated between the couple – each with their own legal representation.

When a prenup isn’t developed in accordance with the law, seems one-sided or is “sprung” on one of the two people involved, that can lead to unfortunate legal consequences.

 

 

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