Areas of Practice
OFFER TO COVER COSTS FOR A PRENUPTIAL AGREEMENT
One of the more touchy subjects that may come up as you prepare for a marriage is preparing a prenuptial agreement. For some potential partners, this can be interpreted as a hostile action that more or less confirms to them that you suspect the marriage won’t work.
Of course, that’s not true. A prenuptial agreement is definitely considered a precautionary measure, but it should in no way be construed as an advanced declaration of failure for the marriage. But there are a lot of different things that you can do in order to ease the transition and make the idea of prenuptial agreement a bit easier to bear. It’s important to discuss the matter rationally and not get drawn into emotional entanglements. A prenuptial agreement should also never be brought up in the heat of argument as that definitely sends the wrong message.
But one thing which can definitely help a lot is reassuring your spouse that a prenuptial agreement is for the protection of both of you. And you can show your good faith in the matter by making sure your spouse also has legal representation.
If you are getting legal representation to handle the drafting of a prenuptial agreement, it is both fair and ethical to ensure that your spouse also has legal representation. It sends a clear message if you have only one lawyer, acting on your behalf to draft a prenuptial agreement that you then present to sign. But it’s sending another message if your spouse is reluctant to do this and you tell them they need to cover the cost of their own lawyer to ensure their own protection.
By offering an “olive branch” of covering the legal cost for a completely separate, dedicated lawyer to go over or even help draft a prenuptial agreement, you are making an act of good faith. You are showing that this agreement is not strictly for your own legal protection, but you are also showing some generosity in not expecting your spouse to do both the work and financing required to ensure adequate representation. It’s definitely a step in the right direction to ease tensions over what can be a delicate topic.