prenuptial agreement prior to getting married

The Truth about Prenuptial Agreements

So, you’ve passed the “once upon a time” and you’re on your way to the “happily ever after” when your husband or wife-to-be brings up those dreaded words: “prenuptial agreement.” Most of us only have the experience of a prenuptial agreement, or prenup for short, based on their portrayals in movies, television, and from Kanye West (“We want Prenup”). Many of the connotations of prenups are negative, but in actuality, while unromantic, prenups can be extremely sensible.

Much like separation agreements, there is a ton of flexibility with prenups. They can protect both your and your future spouse’s assets in the event of separation, divorce, and even death, and negate the need to fight it out in the courtroom.

So, what do I do if I am presented with a prenup?

The first thing you should do if you are presented with a prenup is have it reviewed by an attorney. While your future spouse may tell you the agreement is completely fair, it is your right to have this confirmed by an attorney. The attorney can help you understand exactly every detail that is presented in the prenup, especially the fine print, as well as help you come up with any counteroffers that may make you feel more comfortable. That’s right – you can negotiate a prenup with which you are presented. However, neither you nor your future spouse can force the other into signing a prenup, and you must be completely honest and upfront about all assets included in the prenuptial agreement – that means no hidden money and no secret Swiss Bank Accounts.

The bottom line…

All in all, a prenuptial agreement can benefit both your spouse and you in the event of any unforeseen future events. I know it is hard to imagine a life other than “happily ever after” right now, especially when you are still on the high of recently becoming engaged, but you must be smart about any contract you sign. Have an attorney review it and be sure you understand exactly what you are signing.

Have you been presented with a prenuptial agreement? Are you thinking of presenting your future spouse with one? Call us at 757-656-1000 or email us at info@attorneyholcomb.com and we will be happy to review any potential prenuptial agreement or work with you and your future spouse to create a prenup catered to your specific needs and relationship.