How to Negotiate a Prenup without a Blow-Up

Negotiate a prenup

As we wrap up what has been a very challenging year and head into wedding season, let’s hope that next year’s wedding season will feel a bit more normal. I’m Katherine Miller. I’ve been practicing as a divorce and matrimonial attorney in New York for over 30 years. One thing I’ve learned is that when wedding season arrives, so does prenup season.

There are some key aspects of prenuptial agreements that you should be aware of, and I’ll discuss the reasons why prenups are important in next week’s video. For now, let’s focus on what a prenup does and how to approach it effectively.

A prenup typically addresses the end of a marriage, whether through divorce or death. I’ve covered the differences between these two scenarios in previous videos. Today, I want to emphasize the process: how you discuss the prenup and negotiate its terms in a way that supports your marriage, rather than causing conflict.

Often, the process starts with one person—usually the one requesting the prenup—consulting with an attorney. The attorney then drafts the agreement and sends it to the other person or their attorney. This method can lead to misunderstandings and conflicts because the draft might not reflect the discussions and agreements made between the couple.

Instead, consider having a conversation together as a couple and seeking a mediator to facilitate the discussion. A mediator can help you both explore what needs to be included in the prenup and how to address any concerns before the draft is created and shared.

If you have any questions about how mediation could assist you or about prenuptial agreements in general, don’t hesitate to reach out on our email address info@miller-law.com or call us at (914) 685-9805. Thanks for listening