How to Ask for a Prenuptial Agreement: Six Strategies Designed To Get You A Yes

Want to cool the good feelings of an engagement? Just ask your fiancé for a pre-nuptial agreement. The word “pre-nup” might be the most unromantic phrase in the English language and asking for one can actually be scary.

There can be no dispute about the benefits of a pre-nuptial agreement. It can simplify a divorce, address how property will be distributed, and how much—if any—spousal maintenance will be paid. It can also address how expenses will be paid and assets are acquired during a marriage. But, requesting one is difficult as the agreement contemplates that the impending marriage will fail and the parties will divorce.

Asking for a pre-nup on the eve of marriage, when you are pledging your love, may cause your fiancé to feel as if you don’t trust him or her or that you’re anticipating a divorce. The request could result in suspicion, hurt feelings, or even damper the romance. For these reasons, popping the pre-nup question has to be done with finesse, sensitivity, and tact.

Six Powerful Strategies for Popping the Pre-nup Question

  1. Express Your Love and Commitment

It is imperative to explain that your request for a prenuptial agreement is not an indication of a lack of love, trust, or commitment. It is simply a way to protect each other in the event that the marriage does result in divorce. Express that you have no reason to believe that the marriage will fail but the agreement there just in case.

  1. Talk About Your Children

If you have children or other financial commitments from prior relationships, help your future spouse understand that you have existing financial obligations and you will honor them just as you are making commitments to your new spouse.

  1. Own Your Decision

While you can probably provide examples of friends and family who have a prenuptial agreement or know a couple that could have benefitted from one, ultimately, it’s your decision to ask for a pre-nup.    Use “I” statements, be assertive, and own your request. Hiding behind a recommendation from a family member won’t ease any tensions.

In some professions, a pre-nup is a standard element of the engagement. While you shouldn’t lean on your career as your reason for the pre-nup, you can explain that from your standpoint, the agreement is no different than a marriage contract or any other step involved in the process of being happily married.

  1. Proactively Plan Financials and Offer Full Disclosure

A valid pre-nup requires complete financial disclosure. Assure your future spouse that you are being completely transparent, that you have put all your cards on the table and that you have no secrets.

  1. Mention the Pre-Nup Early

It’s best to bring up your desire for a pre-nup early in the relationship and prior to getting engaged in order to better gauge your partner’s feelings on the topic. You don’t want any lingering feelings of unease interrupting what should be a beautiful wedding day.

  1. Answer All Questions

Be a good listener when your future spouse voices concerns. Be attentive and answer to the best of your ability all of your fiancé’s questions. Explain that each of you should have counsel. If you are requesting the pre-nup and your fiancé cannot afford an attorney, volunteer to pay the attorney’s fees.

Strengthen the Relationship

A prenuptial agreement, when handled properly, can actually strengthen a committed couples’ relationship. Usually, over time, even the most hesitant spouse will come to see the benefits of a pre-nup. In a lot of ways, it’s like an insurance policy. No one wants a marriage to end, but should it happen, you will be glad you planned for it in a pre-nuptial agreement.

If you are contemplating marriage or if you and your fiancé want to enter into a prenuptial agreement, contact us or call us at 212-683-9551. We will work to protect your rights.

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