My Fiance Does Not Want a Prenup. Should I Drop the Subject?

 Posted on May 16, 2024 in Family Law

A prenuptial agreement is a document signed before marriage that outlines what will happen with certain issues in the event of a divorce. Because of this, some couples find the subject of a prenuptial agreement to be uncomfortable. Many people avoid even suggesting it for fear of offending their partners. Others feel they do not need one because they think they will never get divorced.

If your partner has reacted uncomfortably to the idea of signing a prenuptial agreement but you feel strongly that a prenup is a good idea, your best move would be to consult a family lawyer. An Illinois family law attorney who has experience with prenuptial agreements will also have experience dealing with couples who are struggling to agree about the subject.

What Does a Prenuptial Agreement Contain?

A prenuptial agreement is a legal document that contains provisions for what will happen if the couple gets a divorce. This premarital agreement can specify, for example:

• Which assets are marital and belong to both spouses, and which are non-marital

• How marital assets will be divided between the spouses

• The rights and responsibilities of each spouse regarding marital property

• Provisions for spousal support, also known as alimony

Once the agreement is signed by both parties, it becomes effective as soon as they get married. Because it is a legal document, it is recognized by Illinois law and usually enforced by a court.

Why Do Couples Sign Prenuptial Agreements?

There are several reasons why couples choose to sign prenuptial agreements:

• It makes the divorce process much smoother because difficult decisions like how to divide marital assets have already been made.

• Sometimes when one partner has significantly more wealth than the other, there are concerns that his or her partner has financial motivations for entering the marriage. A prenuptial agreement can relieve these concerns.

• It can protect one spouse from being burdened with the other’s debt.

• It can protect the inheritances of children from a previous marriage.

• It can protect a business owned by one or both partners from being divided in a divorce.

What if My Partner Does Not Want to Sign a Prenup?

It is common for one or both partners to be uneasy about signing a prenuptial agreement. After all, couples who are about to get married usually do not want to think about the marriage ending. This does not mean the subject should necessarily be dropped, however. It often only means that it needs to be handled more delicately.

You could, for example, try reminding your partner of the protections he or she stands to gain with a prenuptial agreement. The best course of action, however, is to consult an experienced Illinois family lawyer.

Contact a Kane County, IL Family Lawyer

The right St. Charles, Illinois family law attorney will help guide you in how to bring up the subject of prenuptial agreements with your partner. At Weiler & Associates, Inc., we have extensive experience helping couples draft prenuptial agreements and are familiar with the discomfort some partners feel. Our compassionate attorneys are skilled at handling touchy subjects delicately and professionally. Call 630-331-9110 for a consultation today.