Till Death Do Us Part?
While you are probably not thinking about the possibility of divorce even before you get married, with nearly one out of two marriages ending in dissolution, you might want to. Although everyone enters into marriage with the intention it will last of forever, if you are bringing significant assets into a marriage, or if you have children from a prior marriage, you may wish to look at ways to protect those interests before you get married.
Divorce can have severe financial consequences. A prenuptial agreement, sometime called an ante-nuptial agreement (“ante” meaning before, not “anti” meaning against) can help avoid those consequences. If handled properly, a prenup can make the process of divorce smoother, less contentious and considerably less expensive.
We will work closely with you understand your needs and goals, and draft a prenuptial agreement to address your concerns.
A prenuptial agreement is a legally enforceable contract two individuals can establish before they get married to protect property and finances during the marriage and in the event of a divorce.
Elements of a prenuptial agreement
A typical prenuptial agreement will include provisions about:
- Separate Property
- Retirement Plans
- Marital Property
- Waiver of Claims against Estate
- Spousal Support (Alimony)
You can also create an agreement during a marriage even if a prenuptial agreement was not signed — known as a postnuptial agreement. This type of contract can address potential property division and support issues in the event of divorce. We also can address the division of assets acquired during the course of the marriage.
We will help you decide if a prenuptial or postnuptial agreement is right for your situation and if it is we can put one together for you.
Review before signing
In addition, if your future spouse presents you with a prenuptial agreement, we can review it, revise it and negotiate changes if necessary before you sign it.