This is the second part of our two-part blog discussing tips on how to broach the subject of a prenuptial agreement with your paramour. Many people are nervous about bringing this issue up with a future spouse, but a prenuptial agreement provides valuable protections and predictability for both parties. If you have not read Part I of this blog, you may wish to do so before reviewing this installment. Click Here for Part I
Routine Part of Financial Discussions:
When a couple is contemplating marriage, they must discuss financial issues so the prenuptial agreement can simply be part of this broader discussion. If you are a business owner for example, it may turn out that your spouse has concerns about potential liability arising out of claims against the business. If the issue of a prenuptial agreement is raised in the context of a broader discussion of pre-marital financial planning, the topic does not seem as ominous. If you have different financial objectives, spending priorities or levels of risk aversion, your future marital partner may even welcome a prenuptial agreement.
Be Candid and Honest:
The decision to consent to a prenuptial agreement requires that your spouse trust that you are not placing him or her at a disadvantage. If you are honest and candid with your spouse about your reasons you think a prenuptial agreement is appropriate, your spouse may be more comfortable agreeing to the request. Prenuptial agreements often have to do with family wealth so it is reasonable to explain this to your spouse the expectations of those from whom you may receive a substantial inheritance. Alternatively, the goal may simply be to avoid potential future costs and uncertainty by agreeing how to resolve financial issues now.
Prenuptial Partnership:
One approach that may be poorly received is to have a prenuptial agreement prepared by your attorney so that you can present it to your spouse. Marriage is a joining of the lives of two people, which includes a financial partnership. A strategy to help your spouse feel more comfortable with the idea is to include your spouse in the decision to seek a prenuptial agreement. This allows the decision on a prenuptial agreement to be a mutual agreement to work certain issues out together rather than trying to get your spouse to agree to terms that you have tried to dictate.
Mutual Benefit:
When discussing the issue of a prenuptial agreement, you may want to ask your future spouse about his or her concerns or needs if you were to pass away or something unexpected led to the end of your marriage. If your fiancée understands that a prenuptial agreement is a mutually beneficial agreement because you focus on his or her concerns, there is a much better chance that your future spouse will be open to the prospect of a prenuptial agreement.
The above information is provided to illustrate general principles of law and should not be interpreted as a specific legal opinion on an individual case. You should contact experienced legal counsel to get specific legal advice that is based upon your specific circumstances.
If you have questions about prenuptial agreements or the marital dissolution process in New Mexico, the New Mexico Law Firm of Jay Goodman & Associates offers legal advice and representation in the full spectrum of family law issues. We offer a free consultation in our centrally located offices in Santa Fe and Albuquerque so that we can discuss your options. Call us today to schedule your free consultation at (505) 989-8117 to learn about your rights and options.
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