Prenuptial Agreements: How to Discuss Them with Your Partner

Posted on December 20, 2021

Couples preparing to get married may discuss the possibility of having a prenuptial agreement drawn up by a family law lawyer Greensboro. A prenuptial agreement is a legal document allowing couples to decide how their assets get divided if they get divorced. Many engaged couples are creating prenuptial agreements due to the change in family dynamics and new financial successes among several millennials.

What is a Prenuptial Agreement? 

Prenuptial agreements are a contract written by two people before marriage. This type of agreement typically lists all assets each person owned before getting married. Additionally, the agreement states what happens with the property and specifies each person’s property rights. Essentially, a prenuptial agreement lists what happens in the event of a divorce. To ensure everything gets included in your prenuptial agreement, schedule an appointment to speak with a North Carolina family attorney.

How to Discuss a Prenuptial Agreement

A prenuptial agreement is often difficult to start discussing because of the belief that asking for a prenuptial agreement means one person is already thinking about ending the relationship. However, today, financial and legal advisors highly recommend that couples have a prenuptial agreement as a personal and business decision while keeping marriage a romantic relationship.

When it comes to discussing the idea of writing up prenuptial agreements, the best thing to do is not procrastinate. Instead, be upfront, and if it is upsetting, set it aside and revisit it. Once brought out into the open, it may be easier to discuss it and sort things out in the future. Next, before starting the discussion, be prepared to explain your reasoning behind wanting to have a prenuptial agreement. Having your reasons listed can help you clearly explain why you feel it is essential to have one.

Why Get a Prenuptial Agreement?

A divorce attorney Greensboro NC can help explain the benefits of getting a prenuptial agreement and why you should have one. Some of the more common reasons to get a prenuptial agreement include one or both:

  • Owning a business
  • Owning real estate
  • Having a relatively large amount of debt
  • Having significant retirement accounts
  • Expecting to take time off from a career to raise children
  • Having been previous married
  • Having children of a prior relationship
  • Living in a state where marital assets are not divided fairly in a divorce

What Happens if I Don’t Get a Prenuptial Agreement?

Those who do not have a prenuptial agreement leave the decision on how property, assets, and support get distributed. Additionally, in a death event, without a prenuptial agreement or a will, state law determines what happens based on the situation. For example, with marriage, certain automatic property rights are issued to each spouse, and couples have shared ownership of everything, including property and debts. In many cases, the property is sold, and the money from the sale gets evenly divided between each spouse. For additional information on what can happen if there is no prenuptial agreement in the event of divorce, speak with a Greensboro family law attorney.

How an Attorney Can Help

Before deciding to speak with your fiancé about the possibility of getting a prenuptial agreement, speak with a family law attorney Greensboro NC. Your attorney can help offer legal insights and guidance when creating the agreement. Additionally, working with an attorney can help answer any questions you or your fiancé may have and ensure the paperwork is properly drawn up.

If you are recently engaged and wondering if you need a prenuptial agreement, call to schedule a consultation with the Law Office of Mercedes O. Chut. During the consultation with a divorce lawyer Greensboro, you will learn about the benefits of a prenuptial agreement and advice on approaching your fiancé about the topic.