Writer's firm promotes their antenuptial contract services at various marriage expo's every year. I have gained vast experience as to the mindset of these thousands of couples. It is clear from the expressions of many that they have not taken the time to discuss this vital subject. It is also evident that there are misconception and antagonism about and against antenuptial contracts. As one lady eloquently stated, "We love each other!. We don't need it".
It was, however, very telling when this young lady's mother came back later to collect a brochure. It is also saddening for the writer when he consults with couples married in community of property to see the devastation caused when they lose everything due to not taking the time to plan and mitigate their risks. We understand that to the bride and groom, marriage is a loving contract between two people, as it should be, who want to spend the rest of their lives together.
In the eyes of the Law and corporate business, marriage is also a contract between two people not about love, but a variety of economic rights, freedom to trade, exposure and obligations. Should you thus not elect yourself, the Law will decide on your behalf. If you care about your spouse, you, therefore, owe it to yourself and your spouse to take the time to explore your options.
Agreeing beforehand on these matters will put your marriage on a more sound footing. It's hard to talk about marriage as if it were "business," but when it comes to creating a prenuptial agreement, that's precisely the approach you should take. A prenuptial agreement isn't an exit strategy or evidence of a lack of faith in the relationship. It merely is legal protection against the future risk you may be exposed to.
Start the conversation well beforehand - Don't wait until a week before your wedding to discuss a prenuptial agreement with your intended. Explore the topic early in a relationship, if possible, before you become engaged.
Don't assume you are on the same page with your intended spouse. People have all kinds of notions about antenuptial contracts from their own experiences and subjective view. Don't assume that you and your spouse-to-be are on the same page with this topic; ask.
Use your head. Not your heart.
It's tough to talk about your loving, committed relationship as if it were a business arrangement. If you and your intended can agree to be logical (rather than emotional) about preparing an antenuptial contract, you'll find it much more manageable.
Always consult your Attorney
If your spouse-to-be is hesitant in any way, suggest that he/she consult with a legal professional to explore the benefits. You may find it valuable to consult with a legal professional to understand the different kinds of issues that might be covered in an antenuptial contract. The more informed you are, the easier it will be to explain things to your intended.
Whatever your decision may be. I implore you to at least take the time to consider your options. Also, consider changing or amending your will and estate planning when getting married. Louwrens Koen Attorneys have assisted thousands of couples with choosing the appropriate antenuptial contract. Please do not hesitate to contact us.