Written by Michelle N. Ogborne

My fiancé asks for a prenup, now what?

If your fiancé asks for a prenup, they are not planning to fail at marriage. A prenup is actually a common-sense tool that is part of an overall plan for a successful marriage.

According to some recent data, the U.S. divorce rate is declining for the first time since the 1980s, and that’s possibly because people are entering into marriage with realistic, knowledge-based expectations. So it’s time to bring the prenuptial contract out of the closet and into the light. Prenups are seen as unromantic or even downright insulting, but none of that is true. Prenuptial agreements define the terms of the marriage and how some properties will be divided in the event of a divorce.

Auntie Jane’s Pottery

Marriages are emotional times for families, but divorces are even more so. When your fiancé asks for a prenup, it’s simply a way of acknowledging both of you have items of value that should remain with you and your family. This is especially true regarding children from a previous marriage. These “valuable items” don’t have to be a chalet in Europe or art pieces. Value – from pets to real estate property – is about love and memories more than market value.

Your prenup can specify that your inheritances are yours in the event of a divorce. Arizona is a community-property state, which means everything you acquire during the marriage is split 50/50 during a divorce. But if your Auntie Jane dies 10 days after your wedding and your inherited pottery has been part of the home you shared for over 10 years, it could be considered part of the marriage. Your prenup attorney will initiate the kinds of discussions that are beneficial to think about. This is especially valuable during an emotionally charged time of your lives.

Everything Changes, Including Contracts

You can revise a prenuptial agreement anytime both parties want to make changes. And don’t think that anything is too insignificant to mention! Here are some of the items couples often include in their prenup contracts:

  • Current assets and assets acquired during the marriage
  • Current or future financial support for elderly parents
  • Every-other-weekend television rights and remote control ownership
  • Future income from one or both spouses’ respective businesses
  • Guarantees for sex frequency or date nights
  • How you will handle inheritances
  • Pet custody and pet care expenses
  • Protection from a spouse’s debts
  • Religious upbringing of current and future children
  • Who is responsible for cooking and/or specific cleaning tasks

Your Fiancé Asks For A Prenup, Now What?

Coming together is a beginning; keeping together is progress;
working together is success.

-Henry Ford

If your fiancé asks for a prenup, listen first. Be objective and unemotional about their reasoning. If the idea of a prenuptial agreement hurts or embarrasses you, it can be a marriage deal-breaker. Literally. But if you want to have a marriage based on openness and honesty, seek legal mediation regarding a prenup agreement. The operative word here is “agreement.” This is something about which both of you should feel comfortable.

“Because the quality of a marriage has, perhaps, the greatest impact upon the level of happiness in life, couples contemplating entering into a prenup owe it to each other to be mindful of the laws of emotions,” said a matrimonial professional. We believe the more you know about and understand the purpose of a prenup, the happier you’ll both be about creating one.

Call Ogborne Law, 602.343.1435 to arrange a no-obligation consultation. Your relationship is unique, and there are no one-size-fits-all prenuptial agreements. A marriage contract is a declaration of love. Let’s discuss creating a prenup contract that is about love as well as mutual respect.