A prenuptial agreement is a contract between you and your fiancé(e) that is meant to provide financial protection to your assets in case the marriage does not work out. In other words, it prevents either one of you from unfairly profiting from a bad marriage.
If neither one of you has any assets, you don't need a prenup. When you start with nothing, there's nothing to protect. Many young people get married with nothing to their name but love. They need not worry.
But if you have a lot of money or property, you may want to bring up the idea, gently and respectfully, with your intended. We have also written prenups for people who have had bad experiences in the past: some people need the assurance of knowing that the person they are marrying will never try to gouge them.
A pre-nup forces you to address the unromantic practicalities of getting married. Marriage is about love, yes, but it is also about business. Whether you have a prenup or whether you don't, thinking about your partnership and the issues around money will serve you well. Talk to your partner before you get married about what you will share, what you won't, how you will spend your money, and how you will mutually make decisions about money. This will save a lot of wear and tear on the relationship.
You should definitely consider a pre-nup if:
The best way to create a pre-nup is to see a lawyer. Yes, there are generic documents floating around on the internet, but each individual's circumstances are unique. Semisch Law has drafted many pre-nups over the years. We have seen it all. We know what to do.
When one partner chooses to propose a pre-nup, the other party needs to hire his or her own lawyer. Do not ever sign a pre-nup without securing legal counsel of your own. The lawyer's job is to represent his or her own client's interests. Both parties must have an advocate in order for the pre-nup to be fair.
