If you aren’t married at the time that you start your eCommerce business, you may have a new asset that you will have to deal with when you do get married. In most states, a business, even an eCommerce business, is a marital asset. Even if you established it before you got married, you have to bear in mind that your fiance may be able to claim a portion of it after you have been married and if you decide to divorce. This can lead to a destruction of the business.
The Problem
As MSN Relationships points out, there are few things that put a greater pall on wedding festivities than the discussion of a prenuptial. They are generally seen as instruments that indicate you do not trust the person whom you are marrying or that you care more about money and business than you do about the relationship. While there is some truth to the statement, this does not mean that the discussion should be avoided. Instead, it needs to be handled tactfully.
Construct the Prenup Together
One of the ways that you can make this somewhat more palatable is to make sure that you are both involved in writing the terms of the agreement. In fact, when it comes to eCommerce best practices, bear in mind that most contracts will be more likely to be upheld in court if both parties are involved in the drafting of the agreement including even the basics like the ecommerce websites templates . In some states, a prenuptial may even be considered invalid if the other fiance is not involved in the writing of the contract.
You can make it more palatable by making other provisions for your fiance or by agreeing that no business that your fiance runs will be yours for the taking either. However, do not be surprised if there is some disagreement. Look at it from your fiance’s perspective as well so that you can avoid alienation.
Get Separate Lawyers to Evaluate It
When you do this, you will want to make sure that you both have separate attorneys to evaluate the contract. Remember that your fiance’s attorney will be evaluating it from her perspective. This means that she may contest some terms or insist that others be changed.
Leave Room for Potential Change
One of the most important things that you need to incorporate in the prenuptial agreement is to bear in mind that situations and circumstances change. After you are married, your spouse may wind up supporting your business and investing in it in key ways. Prenuptial agreements can be modified, but you need to make it clear that these terms are included so that it is easier to go through that legal process. You also want to incentive positive contribution from your future spouse rather than making it so that she wants nothing to do with the business. Spouses can contribute a great deal, and it is a good idea to incentivize this kind of conduct.
Bear in mind that your prenuptial agreement may also be changed by law in certain situations. If there are disabled children or if your spouse is disabled in some way, the court may intervene if you have not made adequate provision. This is most common in states in the West and Midwest rather than in other states like New York and California.
