I am engaged to a great person we plan to be married in October. We are both college educated. I own my own business and fiancé works as a teacher. Do we need a prenup? I want to talk with my fiancé but it is like discussing the divorce before the marriage. What should I do?
Pre marital agreements ( “prenups”) are agreements entered into before the marriage that allow you to predetermine the disposition and character of property, and settle support, attorneys’ fees, retirement issues and other matters. Prenuptial agreements MUST be in writing , MUST be drafted precisely and full disclosure is critical. Don’t wait for the last minute to present the agreement to your [prospective] spouse. If you wait too long, the agreement can be subject to attack when it is needed. Prenuptial agreements can be a sensitive subject because in some ways you’re contracting for the divorce before the wedding.
You draft a prenp when you are in love but for use at a time when emotions flare, trust wanes and regret abounds. Allegations of incomplete disclosure, coercion, duress and threats are often used to attack a prenup. I have drafted many prenups. A comprehensive and well-drafted prenup written by an experienced family law attorney is a must.