This article is the first of two parts. (Click here for Part 2) Melodrama has acquainted all of us with the lurid stereotypes associated with
prenuptial agreements: 20-something bimbo or gigolo pursues elderly parent’s
assets. Middle-aged children attempt to convince addled elderly parent to
establish a prenuptial agreement to preserve the family’s wealth. Bimbo or
gigolo employs wiles, both sexual and psychological, to avoid signing said
document. A more thoughtful version of this sensitive scenario acknowledges
that legitimate reasons exist for partners in the marriage to sign on the dotted
line in order to protect their families’ assets. But before our legal advisors
and we can hammer out the details of these complex agreements (the subject of
next month’s column), we must first overcome negative popular perceptions of
these legal instruments in order to broach the topic with our betrothed and our
families.
Most of us, in the first blush of romance, find it difficult at
best to discuss a financial contract that protects against the eventuality of
divorce. But once the vows are made, our families’ fates are sealed. This is
particularly important for those of us who want to provide for children from
previous marriages. And even our children, before they contemplate marriage,
should familiarize themselves with the advantages of prenuptial agreements while
they are able to consider the matter objectively. Once the complications
inherent in a relationship introduce themselves into the equation, objectivity
tends to be lost. Even in situations where the specter of past divorce acrimony
motivates couples to work through a prenuptial agreement, the process often
becomes an emotional minefield of negotiations.
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