When it comes to estate planning, many individuals feel a sense of familial responsibility to ensure that their spouse, children, and others are taken care of. We buy insurance for our vehicles, homes, careers, and our entire lives. Yet there is nothing more off-putting than a discussion about entering into a contract, pre or post-marriage, to protect our assets. Paraphrasing one of my favorite movie quotes - deep down, in places we don't talk about at parties, we need that contractual agreement. It provides stability, much like an insurance policy, when the unexpected happens.

Much like nobody expects the Spanish Inquisition, no one enters into a marriage or attempts to navigate a tricky patch in a marriage they are already in, all the while assuming that it is going to fail on its face. If that were the case, Coleen Hoover wouldn't have a near-permanent spot on the New York Times bestseller list, and romance novels wouldn't be a movement, let alone a genre. I like to put a different angle on the importance of these documents by quoting the great Ben Franklin: by failing to prepare, you are preparing to fail.

In the decades I have spent practicing family law, I have never – not once – not one single time – had a client in the throes of a contentious divorce state that they were really quite okay with not having a contract govern their split. The difference between having such an agreement and not having one can often be the difference between two years of litigation or half a day of mediation and stipulated paperwork.

We cannot assume that someone we love in the now is going to behave well when things take a turn for the worse. There's an adage in family law that those going through it, so to speak, are in the worst of their days. It's not pretty, and the stress of protracted litigation can wear down even the toughest of people. The best way to avoid that level of stress is simply to decide beforehand, while you both still love each other, how the end is going to play out if it ever has to end. These documents can significantly reduce stress and potential conflict, providing a clear roadmap for the future and a sense of empowerment in making these crucial decisions.

It's a rather off-putting conversation, but so is the discussion about who gets to toss your ashes in the vacation destination of your choice, and yet that is the discussion that people are often quite willing to have. Just as you make important decisions about your final resting place, it's crucial to make decisions about your financial and legal matters. So throw your hearts to the wind and ride the sea of the hopeless romantic, but please – take out the insurance policy first – you won’t regret it.

At Gleason Legal, with offices in Manchester and Bedford, we understand the importance of these documents. We assist in drafting Prenuptial, Postnuptial, and Estate Planning Documents, and we can guide you through the process, ensuring your assets are protected and potential conflicts are minimized.