Squam Scott
Family Law

Spouse Advice For Engaging a Prenup Agreement

Writing up your prenuptial agreement

There is no doubt that a prenuptial agreement, or prenup for short, can feel like an imposition for a spouse.

Before the wedding bells have wrung out and the doves fly off into the sky, the proposal for a financial agreement can really take the wind out of the sails for a loving couple.

However, this is not always the case when two adults understand what is at stake and what should be arranged from a very practical standpoint.

It is not always a cold and cynical maneuver to make, especially for those citizens who have been married on more than one occasion and want to protect what they have worked for.


Understanding The Terms That Are at Stake

Anyone who has been presented with the option of a prenup agreement should first understand what can be involved in the agreement. These binding terms can involve the separation of accounts, assets and debts. It will commonly include property and estates, stocks, investments, business interests, spousal support and other elements that are considered valuable and of interest. This will be proposed from one spouse to another when they want clarity on their long-term financial future as well as avoiding any lengthy court battles that could arise from a separation.


Seek Legal Representation

Introducing lawyers to this scenario can feel like the most cynical of ploys, but it is simply an exercise in certifying the prenup and ensuring that issues are addressed and individual rights are upheld. It is particularly relevant for people who have no legal context to the situation and want to be able to view the subject through a defined lens that offers complete transparency. These operators do not have to be involved for long, but the second reading of a contract can be enough to give people confidence or to highlight any potential red flags.


Being 100% Transparent With Personal Records

Young couple and a lawyer discussing prenuptial agreement

If there are any key details hidden away before a prenup is signed, that can spell trouble for the individual. There should be nothing preventing clients from entering bank statements, stock options, investments, liabilities, tax returns and appraisals that are required for the agreement to work. Information that is withheld will only work in the favour of the other spouse in the event of a separation and can spell further legal trouble for the guilty party.


Exploring Different Agreement Avenues

There can be strategies embraced through a prenup that keeps all sides happy. If there are key assets that one spouse will protect against, they can offer other financial incentives and payments that showcase good faith and a willingness to be forthcoming during the extent of the relationship. This is one of the key reasons why solicitors intervene in the process, opening up different methods that can keep all interested parties content.


Keeping Additional Copies as a Contingency

Even if the trust between the couple is rock solid and there is no presumptions or concerns about a prenup agreement, it is essential that participants keep backup copies. These documents can be placed at home or in the possession of their legal representatives. If there have been moves to chance terms, displace these documents or they have been compromised by an act of God, then at least there will have been moves made to save the content of the agreement.

If a spouse adheres to these principles as they are looking to sign a prenup agreement, they should have confidence in the process and peace of mind that their interests are looked after. It is not a common practice for most couples, but it is a sound approach for citizens that want to look after their records and ensure that there are no other agendas at play during the relationship.