Pre-Nups: Promoting or Undermining Sound Family Relations?

Pre-Nups:
Promoting or Undermining
Sound Family Relations?

Family Money
by Michael L. Fay

Introduction

Frequently couples contemplating marriage are urged to negotiate a prenuptial agreement.Although such agreements are now commonplace, misconceptions about their purposes and effects are also widespread.Relations between the couples’ families may be damaged if negotiation ofagreements is handled indelicately, particularly if the agreement is viewed by the parents (or children) of one party as an expression of distrust, disapproval or lack of confidence in the other.

Couples planning a prenuptial agreement and their professional advisors may benefit from the following analysis of, the purposes and benefits of such agreements, and the means of negotiating the agreements to protect the financial interests of each party and promote mutual interest in strengthening their relationship with each other and with their respective families. More…

All You Need Is Love (And A Business Assets Antenuptial Agreement)

All You Need Is LoveUMass
(And A Business Assets
Antenuptial Agreement)

by Ronald P. Weiss
and
Ellen M. Randle

To a young couple engaged, their marriage will be a relationship of love and trust.With age and experience we learn that marriage is also very much an economic arrangement, involving the immediate, and often the extended families of the couple.We also learn that many marriages are not stable and end in divorce, and that any marriage can end with an unexpected early death.As much as you may like your child’s fiance, you are probably a little nervous about what may happen if your child owns an interest in your business and your child’s marriage doesn’t work out or your child dies.

As a business owner, it is natural for you to be concerned about who else owns an interest inyour company.Whether your children own an interest in your business, or you plan to give or leave your business to your children, you certainly do not want a hostile stranger as an owner, and you may not want anyone other than immediate family to be an owner.

If you mention your concerns to your lawyer, your lawyer may suggest that the couple enter into an antenuptial agreement. Mention an antenuptial agreement to your child, and your child may suggest that you are asking them to sign an antenuptial agreement. More…