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Preface to a Prenup

Last week I mentioned how Mike and I have periodic romance-infused financial meetings, but I didn’t go into the how’s or why’s. We had our first financial meeting within a few weeks of getting engaged because we had to if were going to write a prenup.

The last time I told someone that Mike and I have a prenup, I promised myself I wouldn’t tell anyone ever again. But I’ve been thinking about it lately, especially after last week’s financial post, and the fact is that a prenup isn’t anything to be ashamed of. Our prenup is the reason we were debt-free less than a year after we married. Our prenup is the reason we have never had an argument about money. Our prenup is the reason I got to move with my husband to New York and live out one of my wildest fantasies. The last time I told someone we wrote a prenup that person grimaced as she said, “Why would you do that? Why would you marry someone you’re just going to divorce?”
“What?”
“Obviously if you need a prenup it’s because you know you’re just going to divorce the person.”
“What? No, it’s not. I don’t –”
“That’s awful, Tricia. That’s just awful. I’m really surprised.”

She was actually that appalled, I do not exaggerate. And she’s not alone in her feelings. Enough people have had that reaction that when she had it, I decided our prenup was something people just didn’t need to know about.

Except now I’m telling the entire Webisphere.

I’m working on learning how to stand up for myself. Today I’d like to announce that my husband and I wrote a prenup before we got married and contrary to what you might think it was not because we were rich or because we were planning on getting divorced. We had a lot of debt and our only assets were each other, but we sat down and we worked out the complications of our finances and in doing so, he learned how important it was for me to have the opportunity to run with my dreams. I learned how important it was for him to save money so that one day he could have an old sprawling house to fix up and build furniture for, with a treehouse in back for the grandkids and five big-headed dogs. And when I learned that, I knew I really did want to spend the rest of my life with this man, because no matter what happened between here and now, we really did want the same thing.

Writing a prenup was a way to protect ourselves from divorce. Everyone has different feelings about money and no two people feel exactly the same way. Money is a tender, delicate thing that dances with pride and envy. It can be used to hurt just as easily as it can be used to help. A brilliant family lawyer once told me that money is the last thing couples talk about and the first thing they fight about. I was determined not to have a marriage that could be damaged because we never talked about money. You can’t write a prenup without talking about money, and so we used it as an opportunity to have a very honest and very real discussion that would go on to help us shape our lives. And it’s true, we could’ve just had the conversation without ever writing the contract, but the fun in writing the contract was including provisions like:

“Prior to filing for divorce, the parties must agree to a minimum of one hour of marriage counseling, once every week for twenty-four consecutive weeks. If, after twenty-four consecutive weeks of marriage counseling the parties still agree to divorce, either party may file the Petition without effect. If one party files for dissolution without completing the agreed upon counseling, that party agrees to pay the other party’s attorney fees and costs in full.”  (Except a lot fancier because it was translated into lawyer-speak.)

I really do believe that if both parties commit to marriage counseling for six months they won’t need a divorce. And if they really still want one, then maybe they do need it. However, if one person isn’t even willing to give counseling a shot, then they should pay the damn legal fees.