Hoping for the Best While Preparing for the Worst
With California’s status as a community property state, it’s in your best interest to take protective measures to outline and safeguard your individual property through a prenuptial agreement. While prenups are a recognized beneficial tool in marriage preparation, asking your spouse to sign one can introduce some tension in the relationship. Acceptance of a premarital agreement depends heavily on how you approach the conversation. To make the discussion as painless and productive as possible, consider the following tips.
Do Not Delay the Conversation
The conversation is easier the sooner it’s done. When you and your partner begin your initial discussions of intent to marry, it’s an ideal time to mention your desire to draft a prenuptial agreement. It alleviates the pressure and allows for a longer, continued conversation about it.
Collaborate on the Prenuptial Agreement
Being served with papers can heighten feelings of distrust in the relationship, making the prenuptial agreement harder to tolerate and accept. By hiring an attorney to act as a mediator, rather than as solely your advocate, your partner may be offered some solace in knowing that the agreement is being created with terms that benefit you both equally.
Communicate Openly and Honestly
Initiating the conversation is only half the battle. Once you’ve announced that you’d like to include a premarital agreement, it’s important to be straightforward about assets you wish to protect and terms you’d like to include. It’s also required to fully disclose all assets and debts you own as you enter your marriage.
Additionally, offering a listening ear is just as essential in the process. By listening to and considering your partner’s own desires, fears, and goals of the prenup, you have a better chance of creating a mutually beneficial and protective document.
Account for Assets Possessed and Assets Expected
Prenups offer sound protection for assets you own and from debts your spouse already has. However, the best prenuptial agreements offer a preemptive glance to the future and what you expect it to deliver. If you are anticipating any business ventures or personal purchases you wish to retain ownership of, it’s wise to include those in your prenuptial agreement.
Samra Dhillon & Associates can help you and your spouse collaborate to draft a valid and mutually beneficial prenuptial agreement that protects each of your individual interests. Contact our attorneys today to get started.