Prenuptial agreements are essentially marital contracts. Engaged couples negotiate with one another to ensure mutual financial protection if they ever divorce. For someone thinking enthusiastically about the future, the idea of a prenuptial agreement can take some of the joy out of their engagement.
They may worry about upsetting or even alienating their partner. Trying to discuss the need for a prenuptial agreement can seem like an insurmountable obstacle, but it is possible to have the conversation in a manner that does not endanger or damage the relationship.
How can a concerned individual broach this delicate topic in a way that won’t upset or offend their fiancé?
Keep things as neutral as possible
Proposing a prenuptial agreement by suggesting that a fiancé might cheat in the future is a sure way to trigger an intense emotional response. Remaining neutral by simply discussing divorce statistics and how costly it can be to settle matters when people feel emotional can underscore how negotiating a prenuptial agreement is often a logical, reasonable choice.
People may also want to highlight how unpredictable divorce litigation can be. A prenuptial agreement allows the spouses to set specific terms for property division and financial support that do not necessarily conform to Florida’s family law statutes. They can protect property that they may otherwise have to divide or implement clear expectations for financial support in certain circumstances.
Focus on the need for mutual protection
A divorce is the last thing someone who just got engaged wants to discuss. However, a significant portion of marriages currently end in divorce. No matter how earnest people are at the beginning of a marriage, growing apart over time or bad behavior on the part of one spouse may eventually lead to divorce.
Those who negotiate prenuptial agreements before marriage take much of the conflict and expense out of divorce proceedings. They have already agreed to specific arrangements for their property and other key aspects of the divorce.
Prenuptial agreements have to extend protection to both spouses to be viable legal instruments. A one-sided agreement might not hold up under scrutiny in family court later. Highlighting how the agreement can protect both spouses can take some of the defensiveness out of the initial conversation. Both spouses have to make concessions and have the right to enshrine protections in the agreement.
In many cases, the discussions that are necessary to establish a prenuptial agreement can actually help strengthen a marital relationship. Starting out a marriage with shared expectations and eliminating the mystery or perceived romance of a divorce can help reinforce the commitment each spouse has to the marital relationship itself.