No one wants a battle in divorce court. So, is a prenuptial agreement a good idea? People who express interest in prenuptial agreements generally want to ensure that their assets remain theirs if the marriage fails. For some, it’s just a practical way to acknowledge the fact that nearly half of all marriages end in divorce. But, there’s definitely a right way to go about it.
Make full and complete written disclosure of each other’s assets and liabilities. If you have something to hide, maybe you shouldn’t be getting married in the first place.
Consider the other person’s feelings about what you’re asking. Don’t demand unreasonable terms, which will only anger your fiancée.
Give the other party a reasonable opportunity to review the proposed agreement with their own attorney. Don’t spring a prenup on the bride or groom at the rehearsal dinner.
Premarital agreements are almost always attacked sometime down the road, particularly when one spouse figures out he or she would have been far better off without the agreement. That’s why having a lawyer for each side before signing a prenuptial agreement is so critical.