What Every Woman Should Ask for Before Saying “I Do”: Prenup Checklist

When you’re head over heels in love and planning your dream wedding, the idea of a prenup might feel like the least romantic thing in the world. But a prenuptial agreement can actually be an incredible way to start your marriage off on the right foot. It’s all about open communication, protecting both of your interests, and creating a foundation of mutual respect and understanding.

As a woman, it’s especially important to know what you should be asking for in a prenup. While every situation is different, there are some key things that every woman should consider to safeguard her financial future and ensure that she’s treated fairly in the event of a divorce.

What is a Prenuptial Agreement?

A prenuptial agreement is a legal contract that you and your future spouse sign before getting married. It outlines things like how you’ll divide your assets and debts if you get divorced and can also include provisions for alimony, inheritance rights, and more.

The reality is, divorce happens, and it’s always better to be prepared. By having a clear prenup in place, you can actually reduce conflict and uncertainty down the line and enter into your marriage with a stronger foundation of mutual understanding and respect.

The Most Important Things to Ask for in a Prenup

So, what should you actually put in your prenup? While every situation is different, there are a few key elements that we recommend considering:

Separate vs. Marital Property

One of the most important things your prenup should cover is the distinction between separate and marital property. Separate property includes assets that you own before getting married, as well as inheritances or gifts you receive during the marriage. Marital property, on the other hand, is everything that you acquire together as a couple.

In your prenup, you can specify which assets will remain separate property and how any marital property will be divided in the event of a divorce. This is extremely important if you’re entering the marriage with significant assets of your own, like a business, real estate, or investments. By clarifying the difference upfront, you can protect your hard-earned assets and ensure that they remain yours even if the marriage ends.

Alimony and Spousal Support

Another key consideration for your prenup is alimony, also known as spousal support. In South Carolina, there are several different types of alimony that may be awarded in a divorce, including periodic (ongoing) alimony, lump sum alimony, and rehabilitative alimony.

Your prenup can specify whether alimony will be paid, how much, and for how long. This can be especially important if one spouse is making career sacrifices to support the other, like staying home to raise children or putting their own career on hold to help their partner advance. By including alimony in your prenup, you can ensure that those sacrifices are recognized and fairly compensated.

Inheritance Rights

If you’re coming into the marriage with family wealth or heirlooms that you want to keep separate, your prenup should also address inheritance rights. You can specify that certain assets will pass to your children or other heirs rather than being divided as marital property.

This can provide peace of mind that your family legacy will be preserved, even if your marriage ends in divorce. It’s especially important if you have children from a previous relationship and want to ensure that their inheritance is protected.

Tailoring Your Prenup to Your Needs and Priorities

In addition to these core elements, your prenup can also be tailored to address your unique circumstances and priorities. For example:

Business Ownership and Entrepreneurship

If you’re a business owner or entrepreneur, your prenup can include provisions for how your business will be valued and divided in the event of a divorce. This can help ensure that your hard work and vision are protected and that you’re not forced to give up control of your company as part of a divorce settlement.

Career Changes and Sacrifices

If one spouse is making significant career sacrifices for the other, like staying home with children or supporting their partner through advanced education, your prenup can provide for compensation for those sacrifices. This might include provisions for alimony, a greater share of marital assets, or even funds for the sacrificing spouse to further their own education or career development after a divorce.

Infidelity Clauses

While it might not be the most comfortable topic to discuss, some couples choose to include infidelity clauses in their prenups. These provisions can specify financial consequences for extramarital affairs, like forfeiting alimony or a greater share of assets.

However, it’s important to approach this topic with care and ensure that any infidelity clauses are balanced, reasonable, and legally enforceable. Our experienced family law attorneys can walk you through these sensitive issues and find an approach that works for you.

Negotiating and Drafting the Prenup

Once you’ve identified your key priorities and concerns, the next step is actually negotiating and drafting the prenup itself. This is where working with an experienced family law attorney can make all the difference.

Seeking Independent Legal Counsel

It’s crucial that both you and your future spouse have your own independent legal counsel to represent your interests in the prenup process. Even if you’re generally on the same page, having separate attorneys ensures that the agreement is fair, balanced, and legally sound.

At Steele Family Law, we always recommend that each party has their own attorney to review and negotiate the prenup. This helps avoid any potential conflicts of interest and ensures that both spouses fully understand their rights and obligations under the agreement.

Collaborative and Transparent Communication

Of course, negotiating a prenup isn’t just about the legal technicalities. It’s also an opportunity for you and your future spouse to have open, honest conversations about your financial goals, concerns, and values.

We encourage our clients to approach the prenup process with a spirit of collaboration and transparency. By working together to find solutions that feel fair and equitable to both of you, you can build a stronger, more trusting foundation for your marriage.

Common Myths and Misconceptions about Prenups

Despite the many benefits of prenups, there are still a lot of misconceptions out there about what they are and who they’re for. Let’s dispel a few of the most common myths:

“Prenups are Just for the Wealthy”

While prenups are often associated with high-net-worth individuals, the truth is, they can be beneficial for couples at all income levels. Even if you’re not coming into the marriage with significant assets, a prenup can help protect your future earnings and ensure that you’re treated fairly in the event of a divorce.

“Prenups Indicate a Lack of Trust”

Another common myth is that signing a prenup means you don’t trust your future spouse or are anticipating a divorce. But in reality, a prenup can actually strengthen your relationship by promoting open communication and financial transparency from the start.

By having honest conversations about your finances and priorities before you get married, you can enter into your union with a clear understanding of each other’s expectations and values. And that can only be a good thing for the long-term health and happiness of your marriage.

How Our Family Law Attorneys Help You

Prenups can sometimes get put on the back burner, especially with all the emotions and excitement of wedding planning. That’s where having a family law attorney in your corner can make all the difference.

At Steele Family Law, our attorneys draft and negotiate prenuptial agreements that are tailored to our client’s unique needs and goals. We take the time to understand your individual circumstances and priorities and work collaboratively with you to craft an agreement that feels fair, balanced, and legally sound.

We also stay up-to-date on the latest developments in South Carolina family law, ensuring that your prenup is fully compliant with state regulations and enforceable in court. And if your prenup ever does need to be enforced in the event of a divorce, we’ll be right there with you to protect your interests and advocate for your rights.

Empower Your Future with a Prenup – Contact Steele Family Law Today

At the end of the day, a prenup is all about empowerment and peace of mind. By taking proactive steps to protect your financial future and clarify your expectations before marriage, you can enter into this exciting new chapter with confidence and security.

If you’re considering a prenup, we encourage you to reach out to our team at Steele Family Law. We’re here to provide the expert guidance, support, and advocacy you need to navigate this process with ease and assurance. With our help, you can create a prenup that reflects your unique values and priorities and sets you up for a lifetime of marital bliss.

Don’t wait until it’s too late to protect your future. Contact Steele Family Law today to schedule a consultation and take the first step towards a smarter, more secure, happily ever after.