I have always wondered how to you get a prospective spouse to sign a prenuptial agreement (prenup for short)?
I just imagine being in love, excited to share the rest of my life with another, and then telling my life partner “Hey, just in case I am wrong for you, can you sign this?” I have had many clients come in and tell me that this acts as a chiller on the romance. Go figure?
So when does a prenup make sense? When you have something worth protecting. California law already protects your separate property that you had before marriage, but the law also allows the non-owning spouse to get reimbursed for growth of certain assets.
Prenups are sensitive subjects. You should broach the subject carefully and early with your future mate. If you think you need to protect an asset before you get married, talk to an attorney first and then talk to your future spouse. The attorney will tell you if a prenup makes sense in your case. The conversation with your future spouse will be a test. The results from that test will tell you if you will able to have tough conversations in a civil manner once married. Your future spouse will tell you if they still want to marry you!
Prenups can help during a divorce. Talking about the end at the beginning may be tough. Good luck!
To see how a prenup actually helped a couple avoid conflict in their divorce, see the link: