Before You Say I Do: 10 Prenup Dos and Don’ts Every Couple Should Know

By: Janice Dantes

 

Talking about a prenuptial agreement may not seem romantic, but a prenup is not about planning for divorce. It is about having an honest conversation about finances and making important decisions together before marriage.
A prenuptial agreement, commonly called a “prenup,” is a contract between two people who are planning to marry. It can establish how certain property, debts, and financial interests will be handled during the marriage and in the event of divorce or death.
The Dos
DO Start Early.
Don’t wait until the wedding is just days away. Give both parties enough time to discuss the agreement, negotiate terms, ask questions, and consult with their own attorneys.
DO Be Financially Transparent.
Both parties should provide accurate information about their assets, debts, income, businesses, and other significant financial interests. Transparency is an important part of creating a fair and informed agreement.
DO Get Independent Legal Advice.
Ideally, each person should have their own attorney. Your partner’s attorney represents your partner—not you. Your own attorney can explain the agreement and help ensure you understand your rights before signing.
DO Think About Your Future.
Consider how you want to address property you already own, businesses, inheritances, investments, retirement accounts, debts, and other financial matters. Your circumstances may change significantly after marriage, so it’s worth discussing your long-term goals.
The Don’ts
DON’T Wait Until the Last Minute.
A prenup presented right before the wedding can create unnecessary pressure and may raise questions about whether both parties entered into the agreement voluntarily.
DON’T Hide Assets or Debts.
A prenup should never be based on incomplete or misleading financial information. Be honest about your financial situation.
DON’T Treat It as a Threat.
A prenup should be a conversation and negotiation between two people—not an ultimatum.
DON’T Assume You Can Put Anything in a Prenup.
Prenups have legal requirements, and not every provision is enforceable. For example, provisions attempting to predetermine child custody or child support generally cannot control what a court ultimately decides because the child’s best interests must be considered at the time.
DON’T Rely on a Generic Online Form.
Every couple’s financial circumstances are different. A prenup should be carefully drafted to address your specific situation and goals.
A Prenup Isn’t a Prediction
A prenup doesn’t mean you expect your marriage to fail. It means you’re willing to have an important conversation about money, property, and financial responsibilities before you begin your life together.
Start early. Be honest. Get independent legal advice. And make sure you understand what you’re signing.
Planning for the unexpected doesn’t make a marriage less meaningful—it can give both partners greater clarity and peace of mind as they move forward together.
If you would like to know more about prenuptial agreements, please call (312) 546-5077 or janice@pinaylaw.com. Thank you for reading. Until we meet again, love one another.