When some couples or people think about getting married, they want to protect their assets in case things don’t work out.  To accomplish this, they execute a pre-nuptial agreement or a pre-nup.  Such an agreement pre-specifies things such as assets protected from equitable distribution, limits to equitable distribution, limits on alimony and more.  Negotiating a pre-nup is similar to negotiating a divorce, except the couple in a pre-nup is in a far different place.  They are in love (hopefully!), looking forward to spending the rest of their lives together and really can’t ever see pulling the pre-nup out.  After all, who enters a marriage expecting it to fail?

An article in the Business Insider discusses Getting a Pre-nup.  The highlights:

  • Have a conversation instead of issuing demands.
  • Be upfront about your reasons and fears.
  • Try not to get worked up.
  • Really listen, and ask questions.
  • Consider trying again later.

A mediator trained in pre-nups can help bridge those gaps.  Each spouse-to-be should be represented by independent counsel, whether or not a mediator is used.

If you are thinking about a pre-nup, please contact me to discuss.