Making Prenups Pretty: A Basic Guide

Disclaimer: This blog is not going to be able to tell you whether or not a prenup is right for you, because only YOU can make that decision. What we’re here to do is to break down the good, bad & ugly so that you and your partner can make an informed decision.

We also want to preface this blog by saying that no matter if or why you’re considering a prenup, the most important things to remember throughout the process are that:

Marriage is always going to be a melding of 2 minds.

Nobody is automatically “right” or “wrong.”

Discussions should always be respectful, loving, and kind.

You’re getting married because you love one another and WANT to share your lives. If you approach these discussions with an attitude of paranoia, defensiveness, or covetousness, you’re setting yourself up for failure.

All of that being said, we’re excited to share some basics with you so that you can continue to think through what may be best for you and your partner!

Let’s start easy - What IS a prenup?

Simply put, a prenup is a legal document outlining a couple’s financial rights and responsibilities in the event the marriage ends in divorce.

Why might someone want a prenup?

The primary reason for wanting a prenup is typically asset protection. Large assets that a partner may want to protect include homes/property, inheritances, art collections, etc. A prenup can also help define and protect future assets and income, parental obligations, debt ownership, or businesses. A prenup can even define pet ownership in the event of a divorce.

It’s also worth noting that often, when a party has already been through a divorce or a particularly painful/messy breakup, they may be more inclined to request a prenup. It’s also worth noting that if you don’t lay out the terms of your separation, the courts will for you. In most cases, assets will be split down the middle, but it depends on your state.

Where should you begin?

With a lawyer/s of course! Typically, you’ll start this process 6-12 months before the wedding. If you don’t already have a connection to a lawyer, Hello Prenup is a good resource! Law is detailed and nuanced, so we don’t advise attempting to create a prenup document yourself.

What are some of the important factors to consider?

Important factors could include: alimony, premarital debts, premarital property, child custody, children from previous marriages, inheritances, retirement accounts, pets, business ownership, and any other specialty assets (like an extensive art collection).

What mistakes do couples often make during the process?

Using ambiguous language - specifics are everything in legal documents.

Including assets that can’t legally be included - it’s important to research what can be protected via a prenup in your state.

Not disclosing all of your assets/debts.

And most importantly, disrespecting your partner.

& Last but not least….

We recommend trying to make these more serious parts of your engagement journey as fun as possible! It is SO easy to get caught up in the stress of every day life, and even easier to get caught up in the stress/emotions of planning your wedding & marriage. In the spirit of having fun together, we created some oh so cheeky prenup content for your perusing pleasure! ;) SIGN HERE!