FA: Does a prenuptial agreement guarantee that assets a person brings with them into a marriage or relationship will be protected upon its dissolution?
VZ: There is never a guarantee. A party can always try to make an argument that the prenuptial agreement is unfair, unconscionable or coerced. However, qualified attorneys can draft safeguards to protect against these arguments being successful to ensure that a client’s agreement is as iron clad as possible.
FA: Do all states recognize prenuptial agreements as valid legal instruments?
VZ: Yes. Currently, prenuptial agreements are recognized, although they may not always be enforced. Ensuring that your attorney is well versed in the law of your state is key in protecting a person’s assets and income before they walk down the aisle.
FA: What other legal instruments do partners in a marriage have that will protect their assets in a divorce?
VZ: Postnuptial agreements are similar to prenuptial agreements, but are drafted after the parties are married. Both parties need separate counsel and must disclose their assets, income and liabilities.
FA: In your TV show, you mediated disputes upon the dissolution of a marriage or a relationship. Do you find that most couples can successfully resolve their disputes through mediation?
VZ: Most can if they try to separate their emotions from money and their tangible assets. Then I can get them to listen and reason with their heads, not their hearts. Otherwise people get stuck on the smaller, less significant issues and cannot end their marriage with financial dignity.
FA: What is the best relationship advice you give couples you counsel before they enter into a marriage or upon its dissolution?
VZ: Get emotionally and financially naked. Tell the truth about your relationship to money, your debts, your spending habits and everything in between. Talk about why your past relationships have failed and what you need to work on in order to have a successful, long-lasting and happy courtship. Isn’t that why we all walk down the aisle in the first place?