Prenuptial Agreements
Garden City Law Firm

If marriage is to be treated as an economic partnership under the law, then it seems only rational that parties should enter into prenuptial agreements prior to the marriage to resolve financial issues that will arise in the event that the marriage ends. However, raising the issue of a prenuptial agreement may create tension or awkwardness. It is important to discuss the advantages of a prenuptial agreement candidly with your betrothed.

Who really needs a prenuptial agreement?

Probably more people than you think would benefit from a prenuptial agreement. The obvious situation is where one spouse is significantly wealthier than the other, but there are other reasons to enter into such an agreement. Maybe you have assets such as a home, stocks, pension or retirement benefits, or an interest in a business. Perhaps you received an inheritance. Maybe you are pursuing a degree or a license in a potentially lucrative profession such as law or medicine. In any of the abovementioned circumstances you may want to consider entering into a prenuptial agreement.

How do I bring up a prenuptial agreement with my fiancé(e)?

Be honest about the reasons you think a prenuptial agreement would be in the best interests of both individuals. Suggest your potential spouse a chance to go to an independent attorney to receive their own legal advice regarding the prenuptial agreement. Also, it is worth noting that the earlier in the engagement or relationship that a prenuptial agreement is raised, the less tension it is likely to cause.

Do I need to disclose all my assets to my fiancé(e)??

Full disclosure of both parties assets is required. Failing to fully disclose assets may render the agreement void and a judge could rule that the agreement is invalid.