Prenuptial agreements are generally a good idea. They clear up uncertainty that could turn a problem with the relationship into a chaotic battle fraught with emotional and actual losses. But many people associate “prenups” with mistrust. Why would someone in love ever think that divorce would be a possibility?
In a certain way, prenups may make divorce less likely. Separation often happens when two people in a marriage stop communicating as their conditions change through the passage of time or chance. The discussion about how to manage a prenuptial agreement and what to include can be a good exercise in how to communicate, strengthening the marriage as it begins.
Mediation is often a good idea if the subject of a prenup is difficult to broach with a partner. The knowledge that mediation is available is often comforting in these situations, as people feel more empowered to bring up the issues that would be material to the agreement.
There is no good prenuptial agreement template, and the process is often more acrimonious and difficult if people start with a draft. It is best to start with the people involved, the assets they bring to the table and their needs for their future. It is also important to take into account anyone else who would be materially affected by a marriage or its dissolution.
An attorney can do more than represent a person’s interests while he or she prepares a prenuptial agreement. Legal representation may make it easier to figure out what needs to be included and work with other parties in the process.