How to Broach the Sensitive Subject of a ‘Prenup.’
In the UK, prenuptial agreements are not legally binding. However, the courts in England and Wales, are giving them evermore consideration when deciding upon any financial settlement. This means that discussing the issue of a prenuptial agreement with your partner is a sensible and responsible way to plan for the future.
Although prenuptial agreements were once viewed as something only the wealthy needed, they are now becoming increasingly common in the UK, as couples of all ages and incomes strive to protect their finances in the event of a divorce.
A prenuptial agreement is especially relevant if you have an inheritance, property and assets prior to your pending marriage.
We recognise that discussing a prenuptial agreement can be a sensitive topic. It is therefore wise to approach the conversation in the right way. Here are some tips on how to approach the subject of a prenuptial agreement with your partner:
Make it a conversation about protection for both of you in the future. Don’t forget, a prenuptial agreement isn’t the only way to protect each other’s future financial wellbeing.
You could also consider discussing and taking out life insurance and even setting up a trust fund for any children from the relationship. Discussing these options with your partner may help to make the conversation about a prenuptial agreement less daunting.
Be honest and explain why you think a prenuptial agreement is important. Be open about your reasons. For example, you need to tell them that it avoids financial complications, conflict as well as costs, should either of you choose to go your own way in the future.
Avoid accusing your partner of being untrustworthy or expecting the worst.
Be Respectful and listen to your partner’s views. It’s important that you involve your partner in the process – and that begins with initial discussions. Be respectful of their opinion.
This is not the time to be judgmental or to try to sway your partner’s opinion. Remember, being married is all about respecting each other’s opinion, whether you agree or not. Be prepared to compromise.
Discuss the practical aspects. For example, discuss how assets could be divided; this will help to keep the conversation focused on the practicalities, rather than emotions.
Be Understanding. Your partner will most likely have reservations about a prenuptial agreement, particularly if they feel it implies a lack of trust or an expectation of failure.
Be understanding and reassure them that it’s simply a sensible way to protect both of your financial interests.
It might well be the case that, no matter how you approach the subject, there might be upset, disappointment and possibly raised emotions and voices! However, neither of you should enter into a relationship with serious concerns and unanswered questions. We therefore recommend that such discussions are dealt with well in advance of your planned nuptials……and not the week before!
As with any contentious issues, with time, emotions calm enough for the subject to be dealt with practically and calmly.
For further advice and an effective prenuptial writing service, get in touch with RJS Family Law