Pre-nuptial Agreements
Experienced Counsel
What Is a Marriage Contract (Prenuptial Agreement)?
A marriage contract, frequently referred to as a prenuptial agreement, is a legally binding
agreement created prior to get married. If the couple’s marriage fails for some reason, the
contract details specific guidelines for the division or property acquired during the marriage.
Couples can include secondary items, such as child custody, child support, and spousal support,
but these are not enforceable. Rather they are used as guidelines in the future to aid their
respective lawyers and the courts to help avoid conflicts as best as possible.
Drafting a marriage contract can be a difficult endeavor because the last thing on the couple’s
mind is getting divorced. However, if both parties take a moment to plan ahead for the worst
possible outcome to their marriage, it will give them peace of mind knowing their interests are
protected.
Who Should Get a Prenuptial Agreement?
A marriage contract is highly recommended for all couples getting married, as well as people
intending to cohabit as an unmarried couple. In addition, a prenuptial agreement is beneficial for
the following circumstances:
People getting remarried. A marriage contract will protect previous obligations, like child
support, as well as any property and assets acquired prior to the new marriage.
People with significant property and assets. If you have acquired extensive assets and
property, or built a business, you will want to ensure they are protected by a prenuptial
agreement.
People who provide for their parents or other disabled family members. If you financially
support your parents or another family member with a disability, a prenuptial agreement
excludes the support from martial assets, should you get divorced.
In addition, if you have an existing estate plan or will have one, it is important to disclose details
about these while drafting a marriage contract. In some cases, the prenuptial agreement could
take precedence over the other documents and could alter your intentions.
Terms of a Prenuptial Agreement
The law allows for great flexibility in what type of details can and cannot be included in a
marriage contract. Since you are just getting married or starting a cohabitation, it can be difficult
to determine where you will be financially in five, ten, or twenty years from now.
As such, the language of the document is often written in a manner to include all assets and
property the couple currently have, as well as potential future property assets they could acquire
during the marriage. A prenuptial agreement is a highly personalized document to reflect the
objectives of the couple creating it.
Do We Need a Prenuptial Agreement?
In order for the prenuptial agreement to be drafted so it is a legally binding contract, it must be
reviewed by a qualified an experienced lawyer. Otherwise, there is a risk the wording in the
document or how it is drafted may not be enforceable. In addition, there are specific clauses that
need to be included, which most people are unaware of or do not realize they need.
Only properly drafted and executed prenuptial agreements are legally binding contracts that will
be upheld in court, if challenged. As such, it is always in your best interests to consult with a
qualified lawyer.
Please feel free to contact me today if you have further questions about prenuptial agreements or
need assistance in creating one.
*The information on these pages do not constitute legal advise. Please contact me directly to receive legal advise regarding your specific issue. Thank You