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Step 1
Understand the purpose of a prenuptial agreement. A prenuptial agreement has the limited function of protecting each party's interests in his or her own property and in defining each party's rights to the property of the other. The prenuptial agreement will therefore serve to address the property rights of each party if the marriage is terminated by death or divorce.
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Step 2
Determine what is to be accomplished by the prenuptial agreement. Prenuptial agreements are wide open in terms of what you can cover in the agreement. A prenuptial agreement can be drafted to protect assets you have, assets you're going to have or any income you're going to make. It can also protect against paying alimony and address how expenses will be handled during a marriage.
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Step 3
Put emotion aside. Negotiating a prenuptial agreement can be an emotionally charged event. Listen to the other side. Stay calm and focused. Remember that any kind of negotiation is a matter of give and take and try to find middle ground acceptable to both parties.
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Step 4
Consult an attorney. You should speak with an attorney experienced in family law issues if you have any questions at all regarding your rights or if you want an advocate in the negotiation process.
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Step 5
Consider mediation. Using a professional mediation service to assist in the negotiation can ensure that both parties have equal input into the final agreement reached. A mediator will promote a balanced discussion between the parties, listen to both sides and draft an agreement reflecting both parties' wishes. Each party can then have their individual attorney review the agreement for a fraction of the time and cost.
