The Guardian (Charlottetown)

Pre-nups protect both parties

- Ellie Tesher Ellie’s tip of the day: A prenuptial agreement between a couple can protect both parties from unpleasant surprises about assets and finances. Read Ellie Monday to Saturday. Send relationsh­ip questions to ellie@thestar. ca. Follow @ellieadvic

Q - Suddenly, two months before our wedding, my fiance suggested we sign a pre-nup. I’m 30, he’s 33, both never married before, both earning decent money.

We’ve been living together for two years in his condo, fully sharing costs, including my paying half of the mortgage. We never argue about money.

But my fiance’s best friend is a divorce lawyer who has been telling him stories of bitter divorce cases (no names divulged) in which the husbands are always “taken to the cleaners by their money-grasping wives.”

I’m feeling insulted by this new concern about divorce from the man whom I thought trusted me completely, just as I trusted him.

Am I overreacti­ng?

Hurt Bride

A – He has been spooked by his friend and it has led to a notso-uncommon case of bridegroom’s jitters.

He should tell his friend he got the message and you and he will discuss it further.

At that point, you both should make yourselves aware of the divorce laws where you live, regarding division of financial matters and assets.

For example, in some jurisdicti­ons, your two years’ co-habitation counts as a common-law relationsh­ip, which may entitle you to a share of the condo ownership.

A prenuptial agreement should protect both of you.

According to a 2016 survey from the American Academy of Matrimonia­l Lawyers, there has been an uptick in requests for pre-nups in recent years.

They’re mostly coming from millennial­s in cases where the bride and groom both have assets to protect.

Despite your trust in each other, you’ve undoubtedl­y known about enough divorces that ended up with unfair consequenc­es, to recognize that learning more about pre-nups is worthwhile.

You should have separate lawyers, so that you both feel certain that the agreement is right for each of you.

A major area that lawyers advise should be addressed, is protecting each side from having responsibi­lity for a spouse’s own accumulate­d debt.

Benefits of the discussion alone, is eliminatin­g any surprises about each other’s credit scores and spending patterns.

Or, hearing about valuable assets (e.g. a grandmothe­r’s antiques which one partner intends to keep within the family, despite a split.)

However, since you two never argue about money and both earn well, you can point this out to your fiancé to counter the anxiety his friend has created.

If your emotional connection is also secure, the pe-nup chat may be all it takes to dismiss the issue or make signing one just a practical move, not an insulting one.

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