Prenuptial agreements are a useful tool for couples to clarify financial expectations and protect assets. But sometimes, the push for a prenup doesn’t come from the couple — it comes from the family.
Why Families Push for Prenups
Families with significant assets, family businesses, or long-term wealth often urge their children to get a prenup before getting married. Their goal? To protect family assets in the event of divorce.
While the intention may be protective, this pressure can create tension — especially if the prenup feels more like a mandate than a mutual decision.
The Risks of Not Having a Prenup
Skipping the prenup might feel easier at first, but it can open the door to confusion and financial loss later. Without a prenup, couples are subject to the laws in existence at the time of divorce, which may not reflect their intentions.
Even assets they thought were protected, like inherited property or premarital savings, could be up for grabs if comingled with other marital assets.
Tips: How to Bring Up a Prenup — For Families and Partners
For Families:
- Frame it as protection, not mistrust of their partner: Emphasize that a prenup protects everyone’s interests and provides for financial transparency. Do not make it about the other person or concerns with their relationship.
- Support legal independence: Encourage them to speak to an attorney, so the decision feels personal — not imposed.
- Be respectful and supportive: Avoid ultimatums and open the door to conversation.
For Engaged Partners:
- Talk early: The more time you have to discuss the prenup, prior to getting married, the less emotionally charged it becomes.
- Present it as mutual planning: The prenup benefits both people.
- Use real-life examples: Talking through “what if” scenarios can make the idea feel practical.
Whether it’s initiated by families or the engaged couple, a prenuptial agreement can be a thoughtful tool to protect their future. With honest conversations and experienced legal guidance, couples and their respective families can walk into marriage with clarity and confidence.
About the Author
Jessica L. Leischner
Jessica L. Leischner is partner with Friedman, Grimes, Meinken & Leischner PLLC. As an accomplished family law attorney, litigator and mediator serving Northern Virginia, Ms. Leischner represents clients in Fairfax County, Alexandria City, Arlington County, Loudoun County, Stafford County, and Prince William County. Ms. Leischner’s practice is exclusively in the area of family law, including divorce, child custody, visitation, child support, spousal support, equitable distribution, settlement agreements, property rights, post-divorce disputes and other family law matters.
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