Prenups and the Elephant in the Room: A Handbook for the Prenup Process
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Prenups and the Elephant in the Room - Deborah Hope Wayne
Copyright © 2016 by Deborah Hope Wayne, P.C.
All rights reserved. This book or any portion thereof may not be reproduced or used in any manner whatsoever without the express written permission of the publisher except for the use of brief quotations in a book review.
Printed in the United States of America
ISBN: 978-0-9979422-2-4
Editing and design by Joanne Shwed, Backspace Ink (www.backspaceink.com)
eBook adaptation by Kevin Callahan / BNGO Books (www.bngobooks.com)
Illustrations by Emily Tomasik
Congratulations!
Your engagement is a happy and exciting time. The smart couple plans for a lifetime together, not just the wedding date. With proper thought and planning, a prenuptial agreement (prenup) can provide you with a great roadmap for the years to come!
For Emil, Blake, and Brett—with love.
Why the elephant?
While prenups are becoming more popular, it is sometimes difficult to know how to approach the topic. The prenup can be the elephant in the room—the idea that nobody wants to discuss. I invite you to use this handbook to explore how a prenup can help build a strong foundation for your marriage.
This book is meant to give you a general framework for how prenups operate and how the process of arriving at a prenup works. The information in this book may help you determine whether a prenup is a wise choice. It should not take the place of the information and insight your attorney can provide based upon your individual circumstances and your state’s laws. Legal agreements are increasingly complex, and the details of your agreement need to be well developed and clear.
I hope you find this book useful as you make decisions about your life together!
Contents
Acknowledgments
Chapter 1: Your Journey to a Prenup Begins Here!
What considerations should you keep in mind while reading this book?
How do you set a foundation for good communication?
Chapter 2: Prenup: A Unique Plan for Your Marriage
What is a prenup?
Chapter 3: Working through Common Misconceptions
How should you face misconceptions about prenups?
How can you put misconceptions about prenups to rest?
Chapter 4: Reasons to Get a Prenup
How can you take a proactive approach to your life together?
Commonly included topics
Items excluded from a prenup
Platinum prenups
Platinum checklist
How can you better understand your economic partnership and the prenup?
Chapter 5: Prenups and Process
How should you pick a professional?
Considerations for choosing an attorney
What are your process choices?
Traditional route
Collaborative law
Mediation
What happens next?
Prenup timeline: from meeting your attorney to signing the final agreement
Prenup timeline: a further look
Chapter 6: Bringing Up the Prenup
How will you maintain dignity and respect during the negotiations?
How do you bring up the prenup?
Basic ideas to help the path to a prenup go more smoothly
Chapter 7: Client Interviews
What do clients say when they look back on their prenup experience?
Interview #1: Dan
Interview #2: Antoinette
Interview #3: Jennifer
Chapter 8: Family Involvement in the Prenup Process
Guidelines for family members involved in the prenup process
What is my role as a family member?
Chapter 9: Validity
What is the key to an effective prenup?
Validity requirements
Chapter 10: Hypothetical Case Reviews
Common questions raised by the hypothetical case reviews
Conclusion
Appendix A: No-Nups (or Cohabitation Agreements)
Appendix B: Postnups
Appendix C: Sample Financial Statement
Appendix D: Goals
Appendix E: Prenup Checklist
About the Author
Landmarks
Cover
Title-Page
Frontmatter
Table of Contents
Start of Content
Acknowledgments
My professional choices have been based upon my strong desire to help people meet the challenges that life brings. I enjoy feeling that my work has a positive effect on the many diverse and wonderful people I meet in my practice and in my classroom.
The idea behind this book was to help people think about how they want their marital relationship to work from a financial and social perspective. I thank Kristyn Okress, Esq., for her truly invaluable assistance in the research and development of this book. Kristyn helped to make this project meaningful and fun during the many hours we spent brainstorming about how to convey the concepts in the book. Kristyn is a highly skilled attorney with a very bright future. I am also grateful to my illustrator Emily Tomasik for her amazing creativity and artistic ability. I thank my friend and colleague Michelle Brody, PhD, for sharing her thoughts on the process of writing a book.
Last, and in no way least, I want to acknowledge my husband Emil, who is my rock. He is always there for me and has been my incredible partner in every way for close to 40 years. (That includes time before and during the marriage, for those of you calculating my age!) Emil has been supportive of every project I have chosen and has kept me going through the many ups and downs of life. My wish for you is a strong partnership like mine.
CHAPTER 1
Your Journey to a Prenup Begins Here!
Create a workable plan that is unique to your situation.
What considerations should you keep in mind while reading this book?
I am writing this book from my perspective as a New York family lawyer and mediator. As you read, you will see that how you arrive at a final agreement is just as important as what goes into the agreement. Make sure you stay focused on the importance of maintaining a healthy relationship in reaching your goals, and allow your attorney to provide advice and counsel on your particular situation and help you navigate the prenup process.
In my own family law practice, I very often see that it is hard for people to discuss finances. This led me to think about how to address finances in a positive way early on in the marriage or even before saying I do.
Thinking and talking about expectations regarding finances and lifestyle before the marriage help to promote a healthy relationship.
There will be times throughout the book where I may give my opinion on