How to Negotiate a Prenup Like a Pro
Why is it critical to talk about signing a prenup soon after the engagement? It gives the couple time to get used to the idea as well as providing an opportunity to calmly, rationally discuss the possibilities. This may be crucial if one partner is reluctant to sign a prenuptial agreement.
Starting early also provides the couple with more of a chance to negotiate a prenup like a pro. They'll have time to consider all of the paths that the future might take, and that gives them an opportunity to protect themselves, each other and their future children.
It's also wise for couples to hire their own attorney when they are drafting a prenup. An experienced lawyer knows how to structure a prenuptial agreement so that it's legally enforceable. Moreover, the attorneys can help the couple decide exactly what should and should not be included in the agreement. Consider interviewing more than one attorney so that you each find the legal professional with whom you feel comfortable working.
Negotiations for your prenup will be smoother if each partner strives to see the viewpoint of the other and to understand what is most important to them. The best prenups, and the best negotiation processes, happen when both parties feel that their concerns have been heard and addressed. Accordingly, it makes sense to enter the process with an open mind and with a focus on your partner's needs.
The process of drafting a prenuptial agreement also goes better when both partners are equally involved. While you both may verbally agree on the major tenets, it's sensible to keep each partner fully involved at every step of the way. Some couples agree to meet in a 4-way meeting together with each of their respective counsel. This way they all get on the same page and hash out and any disagreeable terms before the agreement is drafted.
Couples also are encouraged to be open to including a mediation clause in their prenuptial agreement. In the event that the couple separates and contemplates a divorce, a mediation is a low-conflict, more amicable means for the former partners to go their separate ways.
If you and your soon-to-be spouse want to learn more about how to constructively negotiate a prenup, then give the Sabra Law Group a call at (646) 472-7971.