Prenup Opposition: When You and Your Fiancé Don’t Agree About a Prenuptial Agreement
The idea of a prenuptial agreement certainly comes with a stigma. Many people think of a “prenup” as ruthless at worst, and unromantic at best, believing that it contradicts the spirit of a happy, until-death-do-us-part marriage. The truth is that, while marriage is a romantic institution at its core, it is also a business arrangement. Choosing to turn a blind eye to this aspect of a marriage is irresponsible. A prenup is the best way to ensure that each partner protects their assets, should the marriage end in divorce.
What Exactly Is a Prenuptial Agreement?
A prenuptial agreement is a legally binding contract that a couple signs prior to a marriage that dictates what happens to their assets in the case of divorce. These agreements supplant the default divorce laws that dictate the division of property and other assets. In the state of New Jersey, the prenup may cover a wide variety of financial matters, but cannot include other family law concerns, such as child support or custody. A prenup in New Jersey can also address alimony payments. Although a prenup is a good idea for all couples to consider, it is especially important for couples with more complicated financial situations, such as business owners, and those with large, complex financial portfolios.
When One Partner is Reluctant to Sign a Prenup
Although the stigma surrounding the prenuptial agreement has softened in recent years, many people are still reluctant to sign one. If one partner wants to draft a prenup and the other doesn’t, this can create a serious conflict in the relationship. Convincing a reluctant partner to sign a prenup can be difficult, to say the least. It is a highly sensitive topic!
Here are a few tips for talking to your reluctant partner about signing a prenup:
- Pick the right time to discuss the prenup. The sooner you bring up your desire for a prenuptial agreement, the better. Drafting a prenuptial agreement is definitely not something you want to leave until the last minute. Pick a moment when your partner is feeling calm and relaxed to bring up the subject.
- Emphasize that the prenup is not personal. This is the most difficult concept for people to grasp when asked about signing a prenup, and yet it’s the most vital. Although you don’t expect your marriage to end in divorce, it is irresponsible not to consider that possibility. Since money issues are the leading cause of divorce to begin with, it is especially important to highlight the importance of financial protections—not just for you, but for your partner, as well.
- Make the process collaborative. The worst thing you can do when broaching a prenup is make it seem like a one-sided list of demands. Your partner will certainly have financial concerns of their own. Listen to these concerns, and talk to your partner about incorporating them into the prenuptial agreement. You cannot overemphasize the fact that this legal agreement is designed to protect both of you.
- Assure your partner that you have full faith in your relationship. Explain to your partner that, by signing a prenup, you are not expressing doubt in your relationship by any means. You are simply making a sensible financial decision. Assure your partner that you love them and fully expect to be with them for the rest of your life.
At Lazor Rantas, PC, we’ve seen the importance of the prenuptial agreement firsthand. We have decades of experience practicing family law with both emotional intelligence and strong legal acumen. Contact us today for all your family law and divorce needs by calling 973-457-8844 or by using our contact form.