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How do you bring up a prenuptial agreement?

On Behalf of | Jan 15, 2026 | Property Division

You and your partner are engaged, and you know that you want to get married. You also know that you want to use a prenuptial agreement.

Your concern may be that your partner will be offended if you bring up the topic. They may think that you are not committed to the relationship or that you are already thinking about divorce. What are some tactics you can use to make this an easier conversation?

Stress how it can help both of you

First, a prenuptial agreement is not just for one person. Both partners can use it to protect assets they already own, limit exposure to future debt and address other financial concerns. Emphasize that signing a prenup can be just as beneficial for your partner as it is for you, and that the goal is to protect both of you.

Remember that state law already addresses assets

Another important point is that state law already dictates what happens to assets if a couple gets divorced. Without a prenuptial agreement, your assets go through marital property division. A prenup simply allows both of you to define those terms yourselves. In that sense, it gives you more control and flexibility rather than leaving these decisions entirely up to the state.

Note that it does not make divorce more likely

Finally, having a prenuptial agreement does not mean that divorce is inevitable or even more likely. In fact, some people believe that a prenup can make a marriage stronger. This is often because it encourages open and honest conversations about finances, expectations and long-term goals before the marriage begins.

After you have the initial conversation, it is important for both of you to understand the legal steps involved in creating a valid prenuptial agreement.