Monday, February 9, 2009

Think About It: What Goes into a Prenuptial or Cohabitation Agreement

Deborah Moskovitch has written a book on divorce and is blogging on divorces with her The Smart Divorce® Weblog.

Her The thinking behind a prenuptial or co-habitation agreement beigns with:

"I am currently researching a book entitled Get It Right This Time and Move On: The Conversation You Need to Have. This is a revolutionary book covering the number of issues facing people going through not only another divorce, but offers ways to assess another significant relationship. It also guides people on their way to a smart relationship the next time, and moving on with the rest of their lives intact. While researching this book, I found that there seems to be a clear consensus on the importance of prenuptial/co-habitation and cohabitation agreements which need to be included in the mix."
I cannot disagree with either the sentiments or opinions of this paragraph (just click the link below to see my archives on cohabitation, post-nuptial or prenuptial agreements and you will see repeat both the sentiments and opinions in this paragraph):
Both type of agreements – prenuptial and cohabitation - are on the rise. Despite this increase, many family law lawyers feel that not enough of their clients are requesting these agreements. On the client side, there needs to be greater education about what these agreements are for. Furthermore, people are afraid to discuss their thoughts behind these agreements with a potential partner as a result of potential conflict and/or undermining their relationship.
Summing up, she makes this point which I think everyone emphasizes as why a prenuptial, post-nuptial or cohabitation is a good idea:

Prenuptial co-habitation agreements are an excellent way to protect assets in the event of separation/divorce. However, the important conversations a couple needs to have when agreeing to craft the agreement could actually go a long way to ensuring they are on the same page and hopefully avoid the all out war, which too often results.
I do suggest checking out The Smart Divorce® Weblog. Although Deborah Moskovitch is not a lawyer. This might get more of you paying attention to this idea of getting an agreement.

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