Discussing prenuptial agreements with a partner can be awkward and uncomfortable, particularly as some individuals view them negatively and may become concerned with their partner’s long-term relationship goals when bringing up the subject. Rather than only benefiting the wealthier person, prenuptial agreements can benefit both sides and focusing the conversation on this factor can be one way to sensitively approach this topic. Discover how to handle difficult prenup conversations with a partner, and find out how the experienced North Carolina and South Carolina divorce attorneys from King Law Offices might help couples with their marital agreement queries; call our firm today at (888) 748-KING to schedule a confidential discussion.
What Are Prenuptial Agreements?
Prenuptial agreements, also known as premarital agreements, refer to legally binding contracts between a couple signed prior to marriage (in contrast to postnuptial agreements, signed post-marriage), outlining how to handle spousal support and debt and asset division during marriage (for example, in the event of bankruptcy), during divorce, or upon the death of a spouse. Their primary purpose is to safeguard the financial interests of the parties and their dependents, in addition to superseding applicable marital laws governing alimony and property division, which helps prevent uncertainties and conflict. The requirements for premarital agreements are generally that the contracts must be written, executed voluntarily, based on fair financial disclosure, reasonable in nature, and adhere to state witness/notarization conditions.
Section 6, Article XIV of the North Carolina Constitution constitutionally protects prenuptial agreements in North Carolina, with enforcement provisions outlined in Chapter 52B of the North Carolina General Statutes. In South Carolina, Section 15, Article XVII of the South Carolina Constitution constitutionally safeguards premarital agreements.
How Do You Talk to Your Partner About a Prenup?
Speaking to a partner about a potential prenuptial agreement is challenging, but the conversation can be productive provided individuals adopt a sensible approach. Below are some tips regarding how to navigate this type of discussion.
Initiate Discussions Early
When raising this topic, partners may require time to process the idea of signing a prenuptial agreement, highlighting the importance of starting discussions as early as possible. As well as the time needed to emotionally process this concept, creating a legally enforceable agreement can be a lengthy process, potentially lasting for months if there are disagreements concerning its terms. With this in mind, the recommended approach is to begin the conversation at least a few months prior to marriage.
Consider Timing
The exact time to start this conversation varies depending on the person, but generally, the ideal time is during a moment of relaxation. This is because individuals are more likely to handle these discussions logically when feeling calm rather than agitated. In addition to this, make sure nobody is around when bringing up the topic, ensure there is sufficient time in the day to discuss the subject in length, and prepare to revisit the conversation at a later date if needed (giving the partner time to process the idea).
Learn some additional tips for approaching the prenup conversation with a partner, and discover how a knowledgeable North/South Carolina family law attorney can assist individuals with creating legally enforceable marital agreements. To organize an initial consultation, get in touch with King Law Offices today.
Highlight the Benefits
An effective way of selling the idea of signing a prenuptial agreement to a partner entails highlighting its benefits to both sides. This includes mentioning how it can responsibly protect the interests of both parties, ensure clarity in the event of unforeseen circumstances, and provide transparency. Additionally, it might be worth highlighting how such an agreement can simplify divorce, reduce conflict, anxiety, and legal fees (benefiting the partners’ children as well as them), and stipulate precise asset division, which is particularly beneficial for a partner earning less than the other.
Discuss Openly and Honestly
Open and honest communication can lead to productive conversations on prenuptial agreements. Partners may consider sharing their fears while highlighting their commitment to the relationship. They might additionally state their desire to remain financially stable, safeguard their children, or protect their premarital assets; encouraging the other partner to also share their thoughts is an important part of this process.
Emphasize Joint Decision-Making
Even if only one partner is suggesting the idea, stressing that both partners have a say in the negotiations and drafting of the agreement can help prevent conflict since it presents it as a joint effort, reinforcing the notion that the conversation concerns the couple’s shared future and well-being. The partner raising the topic may mention that the agreement can reflect the concerns of both parties, rather than focusing on the partner with more assets, while assuring them of a reasonable and fair negotiation process. In addition, the couple could bring in an impartial third party to help them reach a mutually beneficial agreement.
Think About Professional Help
Each partner could consider hiring their own attorney to aid with crafting the agreement. Attorneys can handle negotiating the terms of the agreement on behalf of the partners, easing stress and making the process less uncomfortable. These professionals can also help each party understand the agreement’s legal implications and reach an agreement that is enforceable and fair.
Be Willing To Compromise
Prenuptial agreement conversations can lead to conflict due to competing desires or concerns. One way of preventing this is to be willing to compromise, which involves actively listening to the other partner, finding common ground in negotiations, and trying to comprehend their perspective.
Communicate Sensitively
For prenuptial agreement conversations to be productive, handle them with sensitivity and finesse. This can involve highlighting the reasons for the discussion, focusing on the fact that it can lead to financial security and transparency, as opposed to getting a premarital agreement due to not trusting their partner. Adopting this approach can help ease a partner’s concerns and boost understanding and trust.
Discuss Your Prenuptial Agreement Queries With an Experienced South/North Carolina Family Law Attorney Today
According to NPR, more than half of the adults asked in a poll in the United States stated that they would consider signing a prenuptial agreement. Despite the popularity of these agreements, raising the issue with a partner can be challenging, potentially leading to conflict if not properly handled; however, by communicating openly and honestly, bringing up the conversation promptly, and emphasizing the agreement’s benefits, couples can discuss this subject while avoiding hostility. Get assistance with creating a legally enforceable prenup that aligns with your requirements, as well as the answers to your other divorce-related queries, by calling a seasoned South/North Carolina family law attorney from King Law Offices at (888) 748-KING. We proudly serve Forsyth County, York County, Mecklenburg County, Haywood County, and Watauga County.