Valentine’s Day is one of the most popular days of the year to get engaged. Romance is in the air, rings are exchanged, and couples begin planning their future together. While wedding venues, guest lists, and dresses often take center stage, there is one important conversation many newly engaged couples overlook:
Should we have a prenuptial agreement?
As a New York family law attorney, mediator, and medical professional, I help couples approach prenuptial agreements not as a sign of doubt, but as a sign of maturity, trust, and long-term planning.
Why Valentine’s Day Engagements Are the Perfect Time to Talk About a Prenup
Engagement is when couples are most aligned, cooperative, and optimistic. Discussing a prenup at this stage allows for calm, respectful conversations; long before stress, pressure, or resentment can interfere.
When speaking with couples, I findtoday’s couples are choosing prenups because:
- They are marrying later in life
- They bring assets, businesses, or debt into the marriage
- One or both partners may have children from a prior relationship
- Women increasingly earn more and want financial protection
- Couples value transparency and communication
A prenup is not about planning for divorce, it is about planning for marriage.
What Is a Prenuptial Agreement? Really?
A prenuptial agreement is a legally binding contract entered into before marriage that defines:
- Financial rights and responsibilities during marriage
- How assets and debts are handled
- What happens in the event of divorce or death
When drafted properly, a prenup reduces conflict, protects both partners, and provides clarity. This often strengthens the relationship rather than undermining it.
What Should Be Included in a Strong Prenuptial Agreement?
Every prenup should be customized, but most include the following key provisions:
1. Full Financial Disclosure
Both partners must openly disclose:
- Income
- Savings and investments
- Retirement accounts
- Real estate
- Business interests
- Debts (student loans, credit cards, tax liabilities)
Transparency is essential for enforceability and trust.
2. Separate vs. Marital Property
A prenup clearly defines:
- What remains separate property
- What becomes marital property
- How appreciation of assets will be handled
This avoids confusion and costly disputes later.
3. Protection of Inheritance and Family Assets
If one partner expects:
- An inheritance
- Family gifts
- Interests in a family business
A prenup can protect those assets and ensure they remain separate.
4. Business Ownership and Professional Practices
For business owners, physicians, lawyers, and entrepreneurs, prenups can:
- Protect ownership
- Define valuation methods
- Prevent disruption of the business
5. Spousal Support (Alimony) Terms
Couples may:
- Waive spousal support
- Limit it
- Create formulas
- Tie support to future circumstances
Addressing this early avoids emotional litigation later.
6. Debt Protection
A prenup can shield one spouse from the other’s:
- Student loan debt
- Credit card debt
- Business liabilities
- Tax obligations
7. Financial Expectations During Marriage
Many couples use prenups to clarify:
- How expenses will be shared
- Whether accounts are joint or separate
- Savings and investment goals
- Home ownership plans
This promotes financial harmony.
8. Division of Assets in Divorce
While no one plans for divorce, defining outcomes in advance:
- Reduces legal fees
- Avoids court battles
- Preserves dignity and privacy
Why My Approach To a Prenup Works Well
My approach is legally based and psychologically informed, meaning:
- Both voices are heard and positions considered
- Discussions are thorough and thoughtful
- Agreements are balanced and fair
- The process is efficient and cost-effective
With over four decades of experience as a family law attorney, mediator, and medical professional, I bring a unique perspective to prenuptial agreements. I understand not only the law, but the emotional dynamics behind these conversations.
My goal is to help couples:
- Communicate effectively
- Make informed decisions
- Protect themselves without fear or pressure
- Begin marriage with confidence and clarity
If you recently got engaged and want to explore whether a prenuptial agreement makes sense for you, I invite you to schedule a FREE, confidential consultation.
During your consultation, we will discuss:
- Whether a prenup is right for your relationship
- What protections you should consider
- How mediation can simplify the process
- Your legal rights and options
Call now to schedule your free consultation (212) 734-1551.
I look forward to speaking with you.
Warmly,
Lois