Speaking confidently, honestly and waiting until everyone is calm and collected are good ideas in terms of how to bring up a prenup. A prenuptial (or premarital) contract is an agreement between two people who are engaged to be married. Both people tell the other one what assets and debts they have and how they would like to divide things up if they end up getting divorced.
Having one helps each person understand where each stands and can remove some uncertainty if the marriage ends in the future.
Turner Family Law understands the delicate balance involved in creating a valid and enforceable prenuptial agreement in South Carolina. We can help you have a productive and agreeable conversation with your fiancé about creating a premarital contract. Our founding attorney, J. Michael Turner, Jr., has gone through the divorce process himself, so he can appreciate the challenges his clients face.
What Is a Prenuptial Agreement?
South Carolina law empowers engaged couples to enter into prenuptial agreements about property division matters. This streamlines the divorce process if the couple decides to part ways in the future. Additionally, it enables each person to have a structured conversation about their individual and joint financial situations.
A prenuptial agreement — also called a premarital contract — is a contract between you and your fiancé. In the document, you talk about what assets each of you has — like cars, houses, investment accounts, and other pieces of property.
Additionally, you outline what debts each of you owe to others — e.g., credit cards, student loans, car payments, and personal loans. Then, you indicate who owns what now and how you would like it to be divided up if you two divorce. You may list out these debts and assets in detail in the document itself (where appropriate). You may also view these separately and reference them in the contract.
How To Ask for a Prenup
Educating yourself on how to ask for a prenup can help you confidently talk about creating one with your fiancé. Tips you may find useful include being upfront about what you want and why.
Additionally, consider bringing it up when you and your spouse are calm and centered. Lastly, you may have better luck if you don’t bring it up during an argument.
Be Up Front
If you think having a premarital agreement will be helpful and ease your concerns, it may be best to be straightforward and honest about this. If you’re confident and transparent about your wishes, it may increase the chance that your fiancé is open to having this discussion, too.
Wait Until You and Your Fiancé Are Calm and Centered
Another way to foster the right environment in which to have a conversation about the prenup is to make sure everyone is calm and centered. If you or your fiancé have had tough days or received difficult news, it may not be a good idea to talk about the premarital contract just yet.
Wait until each of you is in a centered and regulated state of mind.
Don’t Bring It Up During an Argument
Demanding a premarital contract at any time is unlikely to end well; however, this is particularly true if you ask for or pressure your fiancé to get one during an argument. Your partner is less likely to be open to your reasoning behind getting a prenuptial agreement if they feel threatened or trapped. Instead, wait until you and your partner are settled, centered, and calm again before bringing it up.
Benefits of Having a Prenuptial Agreement
A discussion on prenup advice wouldn’t be complete without bringing up the benefits of having a premarital contract. These documents can be empowering tools for engaged couples to use to create a plan for if they separate. It’s also an opportunity for them to talk about their financial situations and goals as they move forward. If they do get divorced later on, they can use the prenup as a guideline for how to settle property matters.
Common Misconceptions About Prenups
The two biggest misconceptions about prenuptial contracts are that you don’t need one unless you’re super rich, and it increases the chance of getting a divorce. The truth is that everyone can benefit from having a premarital agreement. It can save you time and money if you and your fiancé choose to end your marriage. It also clears up certain matters and helps you set financial boundaries around debts and assets you’re bringing into the marriage.
Contrary to popular belief, prenups don’t increase your chance of getting a divorce. The document is there if you need it, but the hope is that you will not. You and your fiancé can still have a happy, healthy, and lasting marriage even if you create a prenup agreement.
Contact Turner Family Law for Help Writing or Enforcing a Premarital Contract
By using these tips for how to bring up a prenup, you can increase your chance of having a productive and healthy conversation with your fiancé about it. Premarital contracts can be a source of empowerment, giving you and your fiancé a chance to talk about financial matters and create a plan so you don’t have to worry about certain legal issues if you end up getting a divorce.
At Turner Family Law, we have extensive knowledge and training in helping couples have fruitful conversations about prenups in South Carolina. For decades, J. Michael Turner, Jr. has worked with engaged partners to create effective and enforceable premarital agreements that accomplish the couple’s goals while protecting their legal rights. Get in touch with us today by calling 864-778-2734 to schedule a no-obligation consultation.
