Getting engaged is a happy and exciting time, but it can be stressful. How do you raise the subject of prenuptial agreements without creating friction in your relationship? This Guide suggests how.
Start early to get the agreement done before "crunch time."
Give yourself and your fiance plenty of time to discuss it and work out the terms. No one likes to be rushed. In some states, the law will not honor prenuptial agreements that are signed just before the wedding ceremony. Check with a lawyer about your state's laws. Even if the law does not impose a deadline, it is smart to get the prenup out of the way early, before you are distracted with catering, flowers, dresses and bands.
Create a context.
Understand why you need a prenup and how it fits into the "big picture." A prenuptial agreement is similar to life insurance or a will; it's a good way of planning for a catastrophe that you hope you'll never experience, but it's better to be prepared just in case. Prenuptial agreements are an important aspect of estate planning and business succession. You might want to prepare the prenup in conjunction with wills, trusts, powers of attorney, health care directives, insurance policies, and other estate planning documents.
Get independent legal counsel.
Generally, both fiances should hire independent legal counsel. You wouldn't share the same psychologist to discuss your confidential problems, so why would you share the same lawyer? Having independent counsel will allow you and your beloved to ask questions that might be uncomfortable, and it will ensure that the agreement will be enforceable.