What Happens When My Partner Refuses to Sign a Prenup?

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Premarital agreements, commonly known as prenups, are contracts a couples enters into prior to marriage or civil union. The content of a prenuptial agreement can vary widely and depends on the individuals, but they commonly include provisions for the division of property and spousal support in the event of divorce or breakup of marriage. While they are wise financial planning tools, some people are not comfortable with the idea of signing, or asking a loved one to sign, a prenup.

Many times, the person being asked to sign the prenup will ask: does my future spouse not really love me? Does he/she think we will get a divorce? At the same time, the person asking for the prenup will worry: will my love think that I don’t trust him/her? Will he/she be offended if I ask him/her to sign this agreement? As an experienced family lawyer in Los Angeles can attest, the answers to these questions vary wildly from couple to couple, but generally speaking, prenups are not a sign that one person does not believe the marriage will last.

This leads us to address the common reasons prenups are difficult to negotiate.

  • Attempts to interject rational & logical problem solving are unappreciated
  • Neither party appreciates attorney’s intrusion into their idyllic expectations of love and marriage
  • The subjects of death and divorce are the antithesis of expectations of love and marriage
  • Agreements demonstrate a lack of trust
  • Agreements dampen romance

If you have brought up the idea of a premarital agreement with your partner and have been met with any of these responses, reach out to an experienced Los Angeles prenup attorney to help walk you through the process. One way to look at the situation is of marriage being not just an emotional and physical union but also a financial union. Finances are a common reason couples divorce. Therefore, a prenup and the discussions that go with it can help ensure the financial well-being of the marriage and also its longevity. For more ideas onfinancial topics that every newly married couple should discuss, click here.

To be certain, an improperly drafted prenup will not protect you / your assets in the manner you intended. To discuss drafting a valid, binding prenup with an experienced family lawyer in Los Angeles, contact Walzer Melcher today.