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You and your partner each need to get an attorney. One attorney cannot do a prenup for both parties, as they have adverse interests. This is especially important if one or both of you have children or financial or legal obligations from prior marriages or relationships. A lot is going to depend upon the laws of your individual state. Some states, but not all, are community property states. My state happens to be a marital property state. Some states recognize common law marriages and bestow property rights upon certain cohabitants. Aside from the purely legal considerations, then you have the relationship dynamic. What does "marriage" mean to you as an individual? It can mean a lot of different things to different people from being just a "deal" or a civil contract, made to be broken if and when either of the parties find other prospective mates more interesting or attractive, all the way up to a complete merging of lives in all aspects, physical, spiritual, emotional, financial, until death do you part. People of the former persuasion are much more on board with prenups, especially when each is financially independent. People of the latter view the suggestion of a prenup as distrust or the future spouse being miserly with them. Two people on fairly equal footing financially who don't have children with other people or ex-spouses whom they might be on the hook to support or divide things with will probably do just fine without a prenup. Although if one supports the family while the other goes to professional school, then ditches the supporting one after he/she starts making money in the profession, that could cause a big legal and financial problem.
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