"Prenup" is not a dirty word

Video Transcript

Speaker: Stephanie Brinkley

Hi, my name's Stephanie Brinkley at the Brinkley Law Firm in Charleston, South Carolina, where I am a fertility and family law attorney. Today, I want to talk to you all about how prenup is not a dirty word. If you are engaged or you're considering popping the question, congratulations. You have an exciting life ahead of you. Now is the time to have open, honest, and transparent conversations about finances.

Having those conversations now can build a solid foundation for your marriage, and if not, it could be a catalyst for divorce. Now, despite what you're thinking, our clients who come to us and have prenups prepared often end up not being our divorce clients, and that's okay. If they do come back to be a divorce client, their divorces are much more efficient and cost substantially less in attorney's fees.

Today, I'm going to discuss the top three reasons why you may consider drafting a prenuptial agreement. Reason number one: It's 2021, blended families are the norm. And if you come to a new marriage with children from a prior relationship, you probably want to identify separate property that they will inherit in the future. That's completely normal, and it's often unthought-of by the parties.

By having a prenuptial agreement in place, you identify and protect those assets that you want your children to inherit in the future. Reason number two: Current and future business owners, I am talking to you; stop and think. You may say, "I don't have a business yet," or "my business is new and it's growing." And the goal of that business is to create wealth and assets for yourself and for your family.

However, you may want to identify that business as a separate asset for yourself. There's nothing wrong with that, and a prenuptial agreement can help you identify and protect your business as a separate asset. And trust me, your partners will thank you for that. Finally, the third reason is you may come to the marriage with separate property, and you want to make sure that it remains that way.

The property or the asset could have been earned. It could have been inherited, or given to you as a gift. A prenuptial agreement is the best way to identify this separate asset and make sure that it does not become transmuted in the marriage, and that is a legal term, meaning it transforms from separate property into marital property. If you want to protect that separate asset and have peace of mind about it, a prenuptial agreement is the best way to do it.

Today, I'm going to give you a hot tip. I don't normally do this in my videos, but I have seen enough consultations come in where individuals have downloaded a prenuptial agreement off of the internet, and it has created quite a cluster. Please. Your future is too important. Do not download a form off the internet. Do not borrow your friend's prenuptial agreement and change a couple words.

And make sure that if you have a prenup drafted, it's done by an attorney who's experienced in family law. I'm sure cousin Ralph who practices bankruptcy does an excellent job in his area of expertise, but prenuptial agreements are customized. You need an attorney who will listen to your needs, evaluate your concerns, and come up with a solid plan to draft language that addresses all of your areas of concern.

Okay, so remember, if you fail to plan, then you plan to fail. Don't let that be you. If we can be a part of your legal strategy to help you develop open, honest communications with your betrothed about finances, and provide a solid foundation for your marriage, please give us a call or go to our website at BrinkleyLawFirmLLC.com and schedule a consultation. We would love to give you peace of mind for your future.