Published Aug 31, 2023

Prenups aren't just for the rich and famous. Here's when to consider one

Family law attorney Theresa Viera demystifies prenuptial agreements, offering insights on how and when to discuss them with your partner, emphasizing their role in safeguarding assets and ensuring fair outcomes during a divorce.
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Episode Highlights

  • Starting Talks

    Initiating a conversation about prenuptial agreements can be challenging, but it's crucial for a strong marital foundation. suggests approaching the topic like insurance—it's not about expecting a divorce, but preparing for financial discussions that are inevitable in marriage 1. She emphasizes the importance of direct communication between partners, rather than relying solely on legal jargon or attorneys 2.

    We did tell each other as we were negotiating ours, that we love each other and I love you. Today, I don't know who I'm gonna be ten years from now. I don't know if something will happen. And I want you to know that no matter what, I'm gonna take care of you.

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    This open dialogue helps couples understand each other's financial expectations and strengthens their relationship.

       

    Handling Concerns

    Addressing concerns about prenups involves dispelling the notion that they predict divorce. compares prenups to car insurance—it's about being prepared, not anticipating a negative outcome 1. She advises couples to discuss prenups well before the wedding to avoid pressure from wedding expenses influencing their decisions 3.

    I generally recommend that spouses start having the discussion about a prenup at least six months before the wedding.

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    By tackling these discussions early, couples can ensure their decisions are made with clarity and mutual understanding.

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