How to Ask for a Prenuptial Agreement

 Posted on December 05, 2019 in Family Law

You may understand the benefits of a prenuptial agreement. You may have even decided that you would really one before the wedding day. However, you have no idea how to ask your soon-to-be spouse. You do not want them to think that you’re already planning for a divorce, or that you do not trust them. So, how can you ask them for one and still continue preparing for the big day? By following the four tips below.

Do Not Demand It

Sometimes it is all in the way that you ask for something that makes a big difference. Do not demand that your fiancé signs an agreement. Statements such as, “You will have to sign a prenuptial agreement,” or “I do not think we can get married if you do not sign a prenuptial agreement,” come across as very demanding. Your fiancé will likely become defensive, which could lead to a fight you were hoping to avoid when bringing up the subject. Rather, ask your partner to have a conversation with you about a prenup and the benefits it could bring to both of you.

Be Honest

Many people have some kind of fear about the future when they are about to get married, even when they know it is the right decision. Likewise, many people do not want to convey these fears to their partner because they do not want their partner to think they are having doubts. It is always best to be honest about your feelings, any fears you have, and to let your fiancé know that you have certain assets you would like to protect. Dishonesty will only add to the tension of the conversation.

Listen to Your Partner

Remember, a prenuptial agreement is an agreement the two of you will enter into. As such, you should not be the one doing all the talking. Ask your partner questions about anything they would like to include in a prenuptial agreement and sincerely listen to their feelings and their side of the story. This will help clear the air for both of you.

Do Not Rush It

Approach the conversation knowing that it may not be the only one you have about a prenuptial agreement. While you are wedding planning, and that takes a great amount of time, you also want to give a prenuptial agreement as much time as it needs, as well. If you and your partner need to revisit the issue after you have both had some time to think, be willing to do so. There is likely still time and you do not need to rush out and sign a prenuptial agreement immediately after the first conversation about it.

Contact an Illinois Family Lawyer that can Help

Prenuptial agreements are contracts that are legally binding. There are also a few requirements that make them enforceable by the courts and if you do not include those requirements in yours, you may not have the protection you thought you did. If you would like to draft a prenuptial agreement, contact our skilled Hinsdale family lawyers at the Law Office of Martoccio & Martoccio at 630-920-8855. We will sit down with you and your partner, discuss what the two of you each need, and draft an agreement that will protect both of you, and be enforceable by the courts. Call us today to schedule your free initial consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2086&ChapterID=59