Other than “what’s your craziest case,” the question I am most asked by friends, family, strangers, and foes is “should I get a prenup?” My answer is usually a resounding ‘yes.’

Premarital agreements are often viewed as depressing or unpleasant. Who wants to talk about getting divorced before you’re even married? But with proper communication and planning, a premarital agreement can truly be an asset to a strong marriage.

It is a common misconception that premarital agreements are reserved for those who have already acquired wealth before they get married. While a premarital agreement is certainly appropriate under these circumstances, you don’t need to have an extensive premarital portfolio to reap the benefits of a premarital agreement. A premarital agreement can simply preempt a common cause for the breakup of a marriage – financial issues. A premarital agreement can and should initiate discussions about financial expectations and responsibilities for the marriage. A premarital agreement can outline the scope of financial responsibilities of each spouse during the marriage and address responsibility for both premarital debts as well as debts and obligations incurred during the marriage.

One reason for a marital agreement that people often forget is to protect the future spouse against any liabilities incurred by the other partner before marriage. Likwise, if during the marriage one spouse is engaged in risky businesses, they can financially protect their assets by using a marital agreement. 

Tips:

Don’t wait until the eleventh hour to discuss this with your future spouse. Your discussions will be more thorough and relaxed when you start talking months in advance of your wedding date.

Write down your individual goals, expectations, and concerns and share these with each other. Talk about the tough topics now. Even if it feels awkward, it’s much more beneficial to work through that together—especially in the long run.

Hire separate attorneys – this will ensure that each person feels fairly represented in the process and can obtain independent legal advice.

While discussing a premarital agreement might seem uncomfortable or morose, it can ultimately be a proactive step that supports a healthier and more transparent relationship.