You’re in love and you’re getting married. The farthest thing from your mind is an agreement describing how to divide your worldly goods just in case the marriage doesn’t work out or one of you dies.
A prenuptial agreement? Talk about getting off on the wrong foot. Not exactly a romantic beginning! Why do such a thing?
The answer is simple. You don’t want the law to dictate who gets what if the marriage ends.
The solution is to find an experienced mediator who is adept at guiding couples to think in practical terms. A properly executed prenuptial agreement can safeguard assets, protect loved ones, keep a business in the family, or streamline divorce proceedings.
Interestingly, once prenuptials were almost the exclusive preserve of the second marriage group, a group trying to preserve their wealth for their children and/or to protect their assets from a future divorce. Burned once by loss of assets to divorcing spouses, this group vows to be proactive. Their intent is to insulate themselves from the angst of divorce negotiations by preordaining who will or will not get the booty. Today, although the previously married are still the predominant prenuptial advocates, they are being joined in growing numbers by the first-time married set. This new group is composed of those who worry about divorce, particularly if they are, or anticipating being, beneficiaries of moneys or assets from gifting or inheritances. Parents of grooms and brides increasingly request or, even demand, proof that moneys given or bequeathed to their children will not find their way into the estates of ex-children-in-law.
Couples contemplating a prenuptial agreement are rarely in conflict. They are just practical.
At the Centre for Mediation & Dispute Resolution, we can assist you in thinking carefully about all of your options.
You may want to consider a Prenuptial Agreement if you or your partner wishes to be proactive or has:
