Whenever I write about prenups or advise clients on them, I always emphasize the idea that prenups are not a one-size-fits-all document and should be tailored to meet the needs of the couple’s circumstances and goals. While there are many subjects and clauses that are routinely included in prenups, there are just as many that may only be beneficial or work in some situations or for some couples. Sunset clauses often appear in articles about prenups and it can be hard to understand the implications of having a sunset clause or what the benefits may be. How do you know if a sunset clause is a wi ..read more

One of the most common questions I receive from clients is how to bring up a prenuptial agreement with a future spouse. There is no uniform answer to this because every couple has its own dynamics, and a prenup conversation should reflect this. With that being said, there are some basic ideas to help your path to a prenup go more smoothly.  Consider the timing. When it comes to prenuptial agreements, the earlier the better! Whether or not to have a prenup and what should be in the prenup involves important and binding decisions. For that reason, it usually best to plan to have the discuss ..read more

A postnuptial agreement (“postnup”) is an agreement entered into by a couple after marriage. The agreement can cover a range of topics from lifestyle issues to the couple’s wishes if they choose to divorce. A postnup, like a prenup, is designed to protect the marriage and provide the couple with security. Because it is a legally binding agreement, a postnup must conform to certain requirements based on the state in which it is enforced. While couples often choose to work with an attorney to execute a postnup, some couples try to do it on their own. This was the case in the recent Ballesteros d ..read more

A Prenuptial Agreement (“Prenup”) is more than just a legally binding contract. Prenups can help create a solid foundation for how the financial aspects of your relationship will work during the marriage. This helps to build trust and effective communication moving forward. That makes it a wise investment. Negotiations should be conducted with a spirit of cooperation and transparency about financial matters. The goal is to enter the marriage with a full understanding of your situation and clarity on expectations. A prenup is a healthy way to establish a balanced perspective and create equality ..read more

The effects of the COVID pandemic are being felt throughout the world in big and small ways.  The impact is seeping into the many aspects of daily life.  As we all adjust to remote attendance at work, school and other activities, the COVID pandemic has brought home the importance of family relationships.  Couples planning their wedding (or expecting to be married soon) have had to rethink the timing and nature of the event.  Romantic partnerships have been tested and priorities reassessed. While some couples have chosen to adjust their wedding plans and are having virtual c ..read more

A prenuptial agreement is a written contract between two people that is entered into before marriage and takes effect upon marriage.  This document has become more popular as couples realize the importance of clarifying expectations and setting a good foundation for communication about finances (and other issues) before the marriage. Each couple has a unique set of goals and issues to be addressed and the prenup can be specifically tailored with that in mind.  Without a prenup, state laws dictate who owns the property acquired during the marriage as well as what happens upon the diss ..read more

Prenuptial agreements (“prenups”), much like relationships themselves, are not “one size fits all.” Each couple has a unique set of goals and issues to be addressed. The content of a prenup reflects these individual objectives. People hesitant about obtaining a prenup often conflate the idea with certain common misconceptions and opinions. One sentiment often brought up is the notion that prenups only prepare for divorce. However, the principal goal of a prenup is to clarify expectations about the couple’s future regardless of whether there is a divorce. I have written in the past about the be ..read more

With Valentine’s Day upon us, it is a great opportunity to discuss the positive effects that prenups can have on a relationship. In my book, Prenups and the Elephant in the Room, I cover the common misconceptions about prenups, and how couples can work together to face these misconceptions. Below is an excerpt from my book which discusses the misconceptions themselves, as well as how couples can use these misconceptions to start the discussion about a prenup. When it comes to an opinion on prenups, there are fact-based and emotion-based opinions. In this context, emotion-based opinions are und ..read more

Prenuptial agreements are on the rise for  Generation Y individuals, or “Millennials”, according to recent reports in the news. What is it about this group that is lending itself to an uptick in prenups? The Millennial generation has many unique characteristics that may contribute to the want (or need) for a prenuptial agreement. Some of the most common reasons for a Millennial prenup are outlined below: Career Aspirations: The Millennial generation grew up believing that their dreams could be a reality. This belief has a positive impact on a career vision plan.  Many Millennials are ..read more

High-stakes negotiations are often characterized as intense back-and-forth battles where only one party wins. The winner takes all while the other party may suffer a loss of both objectives and dignity. A loss of dignity in negotiations for a prenup can have a long-lasting effect on the relationship.   Negotiating a prenup can (and should) be about coming to a mutually beneficial agreement for both parties. While the marital relationship is considered an economic as well as social partnership, establishing a foundation for the economics of the relationship can be challenging.  T ..read more