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Potential problems when asking for a prenuptial agreement

You hope to spend the rest of your life with your soon-to-be spouse, but you have concerns about what would happen in the event of a divorce. This leads you to learn more about a prenuptial agreement, including the process of finalizing the details with your partner.

In an overall sense, simply asking for a prenuptial agreement is a challenge. No matter how interested you may be, your partner won't necessarily share your feelings.

Here are some of the potential problems to protect against when asking for a prenuptial agreement:

  • Issuing demands: You're dead-set on creating a prenuptial agreement, so you get the urge to give your partner a push in the right direction. The problem with this is that your approach can come across as too forceful, which actually scares your partner away.
  • Hiding your reasons for wanting a prenuptial agreement: Don't hide your true feelings from your partner. You know why you want to create a prenuptial agreement, and you should share your thoughts. For instance, if you watched a sibling or parent go through a divorce without a prenuptial agreement, you may realize the power of this legal document.
  • Neglecting to ask questions: Both individuals should feel comfortable asking and answering questions without fear of backlash from their partner. If you have questions, ask them. If your partner asks questions, provide accurate and detailed answers. An open conversation is a must.
  • Becoming upset or angry: If either of you become upset or angry, take a step back to reset. Continuing to push forward when tension is high can result in additional disagreements, which only slows you down more.

Since one or more of these problems can come about when asking for a prenuptial agreement, it's critical to leave plenty of time to work through the finer details.

Once you're on the same page about creating a prenuptial agreement, you can discuss what to include, what to leave out and how to finalize the process.

Remember, creating a prenuptial agreement isn't a precursor to divorce. It's something many responsible couples do as a means of protecting themselves and their finances if divorce comes to light.

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Shumate, Flaherty, Eubanks & Baechtold

225 West Irvine Street
Richmond, KY 40475

Toll Free: 800-494-9916
Phone: 859-353-0878
Fax: 859-623-6406
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P.O. Box 157
Richmond, KY 40476