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Lois Brenner's 10 Tips for What Should Be Included in Your Prenuptial Agreement!


As a medically trained family law attorney/mediator for over 35 years, I have reviewed and drafted many thousands of prenuptial agreements.

So are you getting ready to walk down the aisle? Why don’t you come and chat with me first?

Often a couple about to enter a marriage will consider and discuss the pros and cons of having a prenuptial agreement and some will go to an attorney to have a prenuptial agreement drafted.

A prenuptial agreement forces couples to have in-depth conversations about uncomfortable but significant marital issues: money matters, in what religion you plan to raise your children, family business ownership, and planning for inheritance are just a few important topics that should be brought to the forefront.

These agreements can be fair when the parties are reasonable. Speak now or forever hold your peace. You will learn a lot about your spouse’s generosity and reasonableness from what’s proposed in a prenuptial agreement.

It’s important to keep in mind that whoever selects the attorney to draft the agreement may have an advantage. That is why the other party should take the draft to an attorney of their choosing to carefully review the agreement and protect their interests.

It’s important to discuss and be aware of what a spouse would be entitled to in the event of a divorce without such an agreement and what you could be giving up.

I thought I would share with you 10 tips for having a prenuptial agreement.

1. It Can Strengthen the Relationship

In order for prenuptial agreements to work, you both have to be completely transparent with one other about your existing financial matters. This means fully disclosing your assets and your debts to one another. Get the difficult conversations out of the way as soon as possible. Trust me, the best time to talk about that maxed out credit card is not after the honeymoon.

2. Avoiding Discussions About Financial Matters Is a Start on the Wrong Foot

Almost a third of divorces are the result of financial problems. We know you’ve heard this one before, so why not address this in advance?

If a partner refuses to disclose anything at all about assets or income that is a big red flag! Beware!

The more communicative you are in planning your future together, the more likely that future will be “till death do us part.” Part of your prenuptial discussion will include discussions about marital roles and obligations of each partner. There is nothing unromantic about smart planning.

3. You Acquired Property Before Your Current Relationship.

One of the things that I have found is that many couples interested in a prenuptial agreement typically have acquired property prior to starting a relationship with their current partner. This is particularly true with people getting married a second time. Often, a couple may want to keep some of their property separate, especially if they have children from a previous relationship. The idea here is that couples would like to see their separate property, or even a certain percentage of it, used for the benefit of their children in the event of a sudden death or divorce.

4. Divorce Is Very Expensive

Divorces are quite pricey (except if you mediate) and while we know that nothing can be further from your mind, the reality is that about 50% of marriages in the U.S. end up this way. Think of your prenuptial agreement as something of an “insurance policy” that will save you both a lot of pain and money by predetermining who gets what at a time when you are not angry at one other.

5. Assurance for Your Children

Second and third marriages are increasingly a common occurrence in the U.S. In some cases, children may feel their new step-parent will not honor the same inheritance wishes of their biological parent. A prenuptial agreement sets clear guidelines regarding what a spouse is entitled to, while ensuring your children’s peace of mind that they will be taken care of.

6. Financial Independence

You’re single, you work hard, and you’re probably used to managing your finances. However, during the course of a marriage, you are likely to share certain financial responsibilities together. If maintaining a certain level of financial independence is important to you, a prenuptial agreement can help set those parameters for you. One way to do that is to outline your obligations to each other and define where the lines are in terms of maintaining your own earnings.

7. Protection from Creditors

Maybe your partner attempts a business that ultimately fails, or maybe your partner brings a lot of debt to the relationship. Things happen! A prenuptial agreement can often protect your finances from creditors. This allows one partner to step up and help maintain your relationship while the other bounces back.

8. Planning Your Life in Advance

There is nothing wrong with that. By outlining specifics about your future together, a prenuptial agreement gives you a roadmap to keep you both on track. It also brings the tough decisions to the forefront of your relationship.

9. Keeping a Business on Track

Do you have a business partner or some other significant business interest? A prenuptial agreement can help keep that business intact in the event of divorce or untimely death. That does not mean that your spouse cannot or should not benefit from your hard work, but your agreement will help clarify issues surrounding ownership of the business.

10. Spousal Support

You could end up living a long time, but only be married for a number of years. Should your relationship end in divorce, you want to be financially protected.

With over 35 years of experience developing prenuptial agreements, I can draft a prenuptial agreement to help prepare and protect you and your spouse for hopefully a lifetime of happiness.

Call me if you have any questions about your prenuptial agreement.

Schedule your free consultation today!

I look forward to hearing all about your wedding plans and guiding you on all the “do’s and dont’s” of a prenuptial agreement.

Warm wedding wishes,


Call New York Divorce Lawyer/Mediator, and prenuptial agreement specialist Lois Brenner now to schedule your free consultation. 212.734.1551

Even if your wedding is around the corner, Lois Brenner can quickly draft or review your prenuptial agreement just in time for you to walk down the aisle!

Also check out a prenuptial article on where I was just quoted:

Considering a Prenup? Here's Everything You Need to Know