As an officiant, I am often asked about prenuptial agreements, whether they are a good idea or if I can create one for my clients. As an attorney, I can tell you that any contract is a good idea since it’s laying out the rules in advance of any possible future disagreement. However, as a wedding officiant, it would be a conflict of interest if I were to create a prenuptial agreement for my clients. I must, as your officiant, be impartial.
Prenuptial agreements, or Prenups, as many people refer to them, are contracts signed by a couple prior to their wedding ceremony. It spells out, in detail, how assets would be divided in the event of a separation, divorce or death. In a way, it’s a way for a couple to be level-headed and fair to each other prior to any disagreements. It settles the argument of what someone deserves when they are left behind instead of leaving it to the courts to decide. Prenuptial agreements are becoming more common as more people wait to be married and have assets that they personally built combined with the reality that half of all marriages end in divorce. A prenuptial agreement is a good idea.
Can I create a prenuptial agreement for you? No, I can’t. See an attorney. Or two attorneys, which is even better.
But I can tell you that it’s a good idea to complete a prenuptial agreement at least a week ahead of your wedding ceremony so that both parties do not feel, or can claim, that they were pressured into signing one. As with all legal things, it’s a good idea to sleep on something before you complete the transaction. Keep in mind that it’s a good idea to also have at least a couple of witnesses from each person’s “side” who can attest that there was no pressure.
A prenuptial agreement is often an awkward thing to bring up to your fiancé, however, if you feel uncomfortable speaking openly about one, maybe that should be the first test of openness and honesty between you and your betrothed.