It is common for owners of businesses to want a prenuptial agreement prior to marriage. There are many good reasons for having a prenuptial agreement: It can protect the business from intrusive discovery on divorce or death; it can avoid management having to spend precious time on producing documents; it can accelerate the time period of the divorce proceedings; it can maintain privacy of the company’s finances; and it can reduce expense to the business owner and company.
However, prenuptial agreements are a complex combination of business document and social contract, with a powerful overlay of emotion. After all, they are broached at a time of contemplation of a future of togethernessand partnership. It should come as no surprise that drafting, discussing and negotiating one is far different from the typical contracts business owners are used to negotiating. Approached the wrong way, a prenuptial agreement can appear to put up a wall, saying, “I love you, but …”