Friday, February 26, 2010

How To Approach The Prenuptial Agreement Idea

Esther Schonfeld wrote what I think is perfectly sensible way to approach prenuptial agreements:

While not an antidote to a difficult divorce, a prenuptial agreement certainly can make divorce less painful. I often describe prenups as insurance policies that protect against a protracted and brutal divorce proceeding. Prenuptial agreements provide a realistic alternative to a messy divorce by allowing both spouses to determine their own financial fates at the outset of the marriage. Difficult as it may be to discuss money and the possibility of divorce before the marriage has even commenced, doing so can sometimes prevent a considerable amount of future heartache.


Diana Tennis, Esq. said...

Just yesterday a prior client calls frantic (on her way to her bachlorette weekend) because her fiance had just laid a 45 page pre-nup on her. Very iron clad. Very one sided. He had not even read the thing. It took three hours to calm the waters and get them to a fair middle ground. Talking about finances is always a great idea, but the timing and delivery are important too!

Sam Hasler said...

Which, in Indiana, pretty much guarantees the failure of the prenup! I am surprised that anyone with counsel would have done this but then client do not always listen, do they?