Prenuptial agreements: Should you bring them up to your partner?

It's an age-old question: Should you talk to your soon-to-be spouse about a prenuptial agreement? Does talking to your soon-to-be spouse about a prenuptial agreement make it seem like you don't trust him or her?

The truth is that a prenuptial agreement has benefits for both sides. If you have a business, it's a way to protect your interests. If your spouse has debts, it's a way for him or her to keep those debts in his or her name, so you don't end up with a share of them if you divorce. It means you keep your debts to yourself as well.

Another thing to think about is how your assets affect you. If you have complex assets, it could mean that you need to determine what they are and how you want to divide them upon divorce. You might want to guarantee a portion to your spouse, or you may decide to create a prenuptial agreement that keeps your assets and your soon-to-be spouse's assets separate regardless of what happens.

Prenuptial agreements don't have to be negative. If you create one early enough, it gives you and your spouse time to talk about it and negotiate. You and your spouse may choose to work with separate attorneys to be certain that the prenuptial agreement really benefits both of you. By approaching a prenuptial agreement as a financial-planning tool, it can help you both feel good about exposing your finances and working together to plan for a possible future where divorce is in the cards. If you never divorce, then the prenuptial agreement never has to come up again.

Source: PopSugar, "Should You Get a Prenup? 4 Questions to Ask Yourself First," Jen Glantz, Dec. 14, 2017

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  • The Law Office of Daniel E. Forrest represents individuals in Fort Lauderdale in high-asset divorce matters. Daniel Forrest is board-certified family lawyer and mediator serving the South Florida area.
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