Whether you think that prenuptial marriage agreements is a death knell for romance or a practical solution to dealing with the
problematic topic of finances in a marriage, here's what you need to know:
- Self-defeating as a pre-nup may seem, the truth is that divorce is a
reality for many couples. And couples without a prenup will have their
assets distributed for them by the state (i.e., divorce court) if the
marriage ends and they disagree on who gets what.
- The notion of a prenup is not new. In fact, it has existed for thousands of years in some form or another, particularly among royalty in European and Asian societies who needed to protect their family's wealth and namesake. But you don't need to be rich and famous to need a prenuptial agreement:
- Some couples forgo the prenup conversation because they are afraid that their partner may think that they have reservations about the stability of their relationship. There is also an urban myth that only the rich and famous need to worry about protecting their wealth, so many people skip the prenup issue because they don't think that it applies to them.
- A prenuptial agreement is also not the only option out there, and couples can always choose to negotiate and sign a post-nuptial agreement after they are married.
- There is actually a mathematical formula that lawyers use to calculate the value of professional credentials (e.g., law and medical degrees) in terms of the amount of money that you will make during your entire working life. According to the law, your spouse may be entitled to a percentage of this calculation.
- A prenup is also important if this is a second (or third) marriage for either you or your partner. Without a prenup, assets could end up in the hands of your or your spouse's children from a previous marriage.
Now that you know a little more about this topic, here are the steps for applying a prenuptial process:
- Initiate the discussion early. Whatever you do, do NOT wait until a week before the wedding to broach this touchy subject.
- Come to a consensus with your partner about what you want the prenup to say. Why pay a lawyer for what you and your darling can hash out together?
- Hire separate attorneys who specialize in marital law. To help ensure that the prenuptial agreement is legally binding, you need to have your own lawyers.
- After drafting the prenup with your respective attorneys, make sure to seal the deal with your signatures (duh!)
- Review and revise the prenuptial agreement every few years to ensure that it continues to reflect your current situation.
More and more couples are signing prenuptial marriage agreements before
they marry because they want to put all their financial cards on the
table before they walk down the aisle. And if your partner is the one to initiate the prenup discussion, consider yourself lucky. It's a good sign that you have a financially savvy woman on your hands.
That being said, you should make it a part of your discussions with your
sweetie about how you plan on managing your finances as a married
couple (e.g., joint or separate bank accounts, pension plans, stocks,
life insurance and wills). Consider it as smart financial planning. And if
your partner freaks out when you say that you want a prenup, assure her
that this is about financial planning and not about your lack of
confidence in the stability of your relationship. If she is still
skeptical, remind her that many perfectly healthy individuals write
wills, and you don't need to be dying in order to have one.
via GG