When does a prenuptial agreement become a red flag?

More and more engaged couples are choosing to execute prenuptial agreements before they say “I do.” When executed in a fair and thoughtful manner, a prenuptial agreement can help to protect the financial interests of each romantic partner and can lay the groundwork for a stable and predictable fiscal union. However, if prenuptial agreements are drawn up under less than fair and transparent circumstances, the execution of these documents can serve as a red flag for individuals headed down the aisle.

In order to be considered valid, a prenuptial agreement must be made with full disclosure of assets, debts, and other pertinent information from each individual. If you discover or sincerely suspect that your future spouse is hiding critical financial information from you during prenuptial agreement negotiations, you should speak with independent counsel about your legal options.

Similarly, if there is an important issue that you would like to address in your prenup and your future spouse refuses to engage in a discussion on the issue, this could be sign of challenges to come. Once you marry this individual, his or her financial approaches, ambitions and ghosts will affect your financial situation. If your future spouse is either hiding something or otherwise refuses to engage, it might be wise to rethink the co-mingling of your finances.

Each marriage is unique. Therefore, a single approach to drafting prenuptial agreements will not work for every couple. But, you will be bound to the terms of a prenup as soon as it is executed and you marry. If anything about your future spouse’s behavior or the prenup’s terms concern you, please consult an experienced family law attorney before you sign your agreement.

Source: Huffington Post, “3 Signs You Should Call Off The Wedding,” Scott and Bethany Palmer, Dec. 2, 2013

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