What Happens if My Fiancé Doesn’t Want a Prenuptial Agreement in Atlanta?

If you’re approaching marriage, you might want your spouse to sign a prenuptial agreement. You may feel that you need this contract to protect your assets in the event of a divorce. Perhaps you want to make sure you do not leave your marriage in a state of financial instability, particularly if you plan to act as a homemaker or stay-at-home parent. But what happens if your spouse doesn’t want to sign a prenuptial agreement? Can a family law attorney in Atlanta help?

Do Not Pressure Your Spouse into Signing a Prenuptial Agreement 

First, you should know that you cannot pressure, coerce, or manipulate your fiancé into signing a prenuptial agreement. If you engage in this type of misconduct, the entire contract will likely become invalid. At a later date, your fiancé could claim that they were subjected to “undue influence,” and this would make all of the terms of your prenuptial agreement unenforceable.

Your Fiancé Is Under No Obligation to Sign the Contract 

You should also know that your fiancé has no real obligation to sign the contract. In order for this agreement to be valid, it must reflect a voluntary, consensual process. You can try to explain why you think a prenuptial agreement might be beneficial, but you cannot force them to participate in this process.

If you threaten your spouse that you will not marry them unless they sign the prenuptial agreement, this might also constitute a form of undue influence. If you’re serious about creating a valid prenuptial agreement, you should avoid threats and ultimatums.

Consider Private Negotiations 

Even if your spouse doesn’t seem enthusiastic about a prenuptial agreement, they might still agree to discuss this subject in a cooperative manner. Mediation could lead to a positive outcome, for example. Mediation is led by a neutral third party that attempts to serve everyone’s best interests.

The general goal is to convince your spouse that they have something to gain by engaging in these discussions. If you want to protect your assets in the event of a divorce, you might need to offer something else of value in order to accomplish this goal. For example, you might agree to provide lump-sum alimony in the event of a divorce.

Consider discussing these details with your family law attorney. These legal professionals can help you assess various deals and possibilities that could make a prenuptial agreement more attractive for your partner.

Can a Family Law Attorney in Atlanta Help With Prenuptial Agreements? 

While no one should pressure your spouse into signing a prenuptial agreement, a family law attorney in Atlanta may be able to contribute to meaningful discussions about this subject. A consultation with Buckhead Family Law could provide the education you need to explain the benefits of a prenuptial agreement to your fiancé. Contact us today to learn more.

Source: 

investopedia.com/terms/p/prenuptialagreement.asp