Last updated on January 25, 2024

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To help ensure accuracy, this page was written, edited and is periodically reviewed by a knowledgeable team of legal writers per our editorial guidelines. It was approved for publication by founding attorney Samuel Siemon, who has amassed extensive experience as a Georgia family law attorney. Our last modified date shows when the page underwent a review.

How someone who is engaged can bring up a prenuptial agreement

There are many practical matters to address during an engagement. The newly-engaged couple must decide what kind of wedding they want, where they plan to live and even the details of combining their households. Sometimes, those preparing for marriage have specific concerns that they want to address.

They might worry about the possibility of divorce or future conflict in their marriages. A prenuptial agreement can be a powerful tool for those worried about their relationships and resources. Prenuptial agreements eliminate questions about the responsibilities of each spouse and may lead to stronger marriages. They also help take the mystery out of divorce proceedings by clarifying exactly what should happen if the spouses eventually separate.

Someone who recently got engaged may think that a prenuptial agreement could be a useful form of protection but may also worry about how their fiancé might respond to them asking for one. How can recently engaged individuals broach the topic of a prenuptial agreement?

Through a sit-down conversation

A conversation about a prenuptial agreement is a difficult discussion that people may need to have face-to-face with one another. It is all too easy to misread someone’s intentions and tone when communicating via text message or email.

The party proposing the prenuptial agreement may need to prepare for the possibility that their fiancé feels shocked about the suggestion. However, people are more open-minded about prenuptial agreements now than they were just a few years ago. More than 40% of married Millennials and Gen Zers confirm that they signed a prenuptial agreement before tying the knot.

The person suggesting a prenuptial agreement may want to specifically discuss how the agreement could protect both parties. For example, they could propose terms that would be useful for them and also terms that could benefit their fiancé. After all, a prenuptial agreement is usually only a valid and enforceable contract if it includes benefits for both parties.

The process of negotiating a prenuptial agreement can actually be beneficial for the engaged couple. They can clarify their expectations for one another and the relationship and start their new married life with a shared perspective.

Bringing up the conversation early and then also giving someone time to process could help someone secure contractual protections that both strengthen their marriage and reduce the risk of a messy divorce in the future.

 

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