Nothing says love like having your soon-to-be spouse sign off on a prenuptial agreement prior to walking down the aisle, yes?
While it may sound rather crude to ask for such a concession with the one youâre looking to share your life with, it does make business sense for many people that have worked for years to see their business plan template come to fruition.
Still, there is oftentimes apprehension on the part of the man or woman running a business to ask their loved one to essentially sign off on the fact that you are not 100 percent sure this is a union made for life.
The bottom line is a prenuptial deal protects the business owner from gold diggers, those individuals that see a walk down the aisle as the way to make some good cash, albeit while pretending to be in love with the person they said âI Doâ to.
Precise numbers for the divorce rate in the U.S. differ, given that not all states gather marital data, and along with the fact the numbers can vary quite dramatically due to the methods and sources in place to gather them.
That being said, if a wedding is in your offing, there are some things to consider as you review the pros and cons of a prenuptial deal with your significant other:
- A prenuptial is not hard to put together â The prenuptial arrangement can be written out by an attorney for a nominal fee. Keep in mind that a number of pre-nuptials will permit the spouse to get a portion of assets earning during the period of marriage, others will make it so that all of the business assets are strictly for the business owner and not regarded as community property;
- A prenuptial can involve business partners â In the event you are partners with one or more people, a prenuptial is possible in order to provide your partner/s with control over decision making for the business in the event you become divorced or die;
- Perhaps you prefer a post-nuptial deal â In the event you and/or your soon-to-be spouse are hesitating on a prenuptial, a post-nuptial deal is also an option. The post-nuptial is simply an agreement that two people enter into and sign after the marriage. Keep in mind, however, that a post-nuptial stands a better chance of being challenged in the courts than a prenuptial;
- Spouses working for the business can lead to payments â If your new spouse begins working for your business and you two part company down the road, you could find them entitled to a substantial portion of the business when you divorce. There are ways to pay off the spouse if it comes to a divorce, including via shares of cash, stocks and retirement funds to name a few. There is also the option of a property settlement note, a long-term payout (including interest) that involves the figure you owe your former spouse for the value of their share of the company;
- Sell the business and split the profits â Some couples end up going this route since they could not agree to a prenuptial deal. If your former spouse essentially had no involvement in forming and running your business during your time together, this can be a financially difficult way to say goodbye to them.
So, still interested in considering asking your future husband or bride to put their John Hancock on such paperwork?
Yes, it can be a very tense discussion to have prior to a wedding, but it could also be one that you will look back on and appreciate in the event Mr. or Mrs. Right turns out to be wrong.
Photo credit: novylaw.com
Dave Thomas, who discusses subjects such as business incorporation services, writes extensively for San Diego-based Business.com.