It may not sound romantic, but going into marriage with a prenuptial agreement might be a good choice. A prenuptial agreement is a legal document that determines what happens in the event of divorce. It can address everything from the property that each person brings into the marriage and stipulate that the property remains with the person who owned it before the nuptials. This is the reason you will often see prenuptial agreements used by wealthy couples or celebrities. However, prenuptial agreements, or “prenups,” have recently become popular among couples who are neither wealthy nor celebrities.
If planning to sign a prenuptial agreement, here are a few common mistakes to avoid
It’s too awkward to talk about –
The idea of a prenuptial is not something you should tip toe around. If you think signing one is in the best interest of your marriage, then you need to be forthright with your partner and present the idea to them. If you cannot communicate about this topic, this marriage may not be right for you. If it is finances, property, or something precious that you are wanting to protect you should not allow the awkwardness of the prenuptial conversation keep you from bringing the topic up.
You share the same lawyer –
Sharing the same lawyer is never a good idea for the simple fact that the lawyer may favor one partner over the other. Besides, if you go into the negotiation process, you want to feel comfortable and at ease, and you may not be able to feel that way if you’re sharing the same lawyer. The goal of a prenuptial is to reach an agreement that is fair, reasonable, and enforceable, and each partner wants to be represented by someone who makes sure that their best interests are represented.
You’re too emotional –
When discussing a prenuptial agreement, you need to be able to enter into the discussion with a level head. If you’re not able to do that right away take a day, or a week, to cool off and then return to the discussion with a new perspective. Emotions will cloud your judgment and keep you from doing what is in your best interest.
Call an Experienced Prenuptial Attorney | Ronald L. Kossack
There are many other mistakes that can people make when planning a prenuptial agreement, but these are the three most common. If you have any questions about prenuptial agreements in Arizona, or are in need of legal advice or representation, please call Ronald L. Kossack at 480-345-2652, or contact us online today.