The flowers are ordered. The guest list is finalized. The dress fits perfectly. But before you walk down the aisle and say “I do,” there’s one more important step you should take and it’s not nearly as romantic.
As a divorce attorney and mediator for over 35 years, I work with couples to ensure their prenup isn’t just a legal formality but it’s a strong, thoughtful agreement that truly protects their future.
A prenuptial agreement, or “prenup,” is a legal contract created before marriage that outlines how financial matters, property division, and even spousal support will be handled in the event of a divorce or death.
I tell couples to think of it as an emotional and financial seatbelt. You hope you’ll never need it, but you’ll be glad it’s there if the unexpected happens.
Many prenups are drafted quickly by one partner’s attorney, often without meaningful discussion or negotiation. Others may contain boilerplate language that leaves out essential protections, especially for the less-moneyed or non-drafting spouse.
You must have your prenuptial agreement reviewed.
It might not feel like part of the fairy tale, but it’s one of the smartest and most empowering things you can do before getting married.
I like to say my review of a prenuptial agreement stands out because with my decades of legal and psychological experience, I look at not just what is in the contract, but also at what is not. I help a client understand what’s really in the agreement, what’s missing and how to negotiate changes that create fairness.
A prenup should be personalized, not generic. Key items to include:
1. Clear Identification of Separate Property
Make sure any assets you bring into the marriage, including homes, investments, businesses, or family heirlooms are clearly defined as yours and protected from division.
2. Debt Protection
Outline who is responsible for current or future debts (credit cards, student loans, business liabilities). You don’t want to walk away from a failed marriage with their financial baggage.
3. Spousal Support (Alimony) Terms
Agree in advance whether either party will receive support if the marriage ends and under what conditions. This is especially important if one spouse plans to pause their career to raise children.
4. Treatment of Marital Assets
Specify how income earned during the marriage will be handled, including joint purchases, savings, or business interests acquired together.
5. Inheritance and Estate Planning Provisions
Clarify what happens to property and assets if one spouse passes away, especially in blended families or second marriages.
6. Lifestyle or “Soft” Clauses (Optional)
These aren’t always enforceable but may include agreements about religion, child-rearing, or even pet custody. Discuss them openly even if they aren’t legally binding.
Here’s what I often find is missing from a prenuptial agreement:
- No protection for future earnings or intellectual property
- Vague or incomplete spousal support clauses
- No protection for future earnings or intellectual property
- Failure to update for second marriages or existing children
- One-sided terms that favor the wealthier spouse
- Unclear handling of future businesses or real estate ventures
- No mention of trust assets or inheritances
When your fiancé is having a prenuptial agreement drafted, I will walk you through what’s in the agreement, and what should be, so you can sign with confidence.
As a family law attorney and medically trained mediator, I bring a unique combination of legal and psychological insight to every prenup conversation. I understand not just the legal complexities but the emotional dynamics that can make these conversations tricky.
Whether you’re the one requesting the prenup or the one being asked to sign, I will ensure the process is respectful, fair, and empowering.
So before you say “I Do,” I say, “Let’s review!”
Call me now to schedule your free consultation.
212.734.1551.
When you hire me, Her’s what I will do.
I will help you:
- Understand every clause
- Add what’s missing
- Renegotiate what’s unfair
- And protect your future legally and emotionally
Remember, your wedding day is a celebration of love. Your prenuptial agreement is a celebration of your wisdom.
I look forward to speaking with you.
Warm wishes,
Lois