Practice Areas

Prenuptial Agreements

A prenuptial or antenuptial agreement is a written agreement between two people prior to entering into marriage. The purpose of a prenuptial agreement is to protect a person’s assets and property in the unfortunate event of a divorce, separation or death. A prenuptial agreement will lay out the terms of the division of property and assets if the parties desire to divorce or separate. A prenuptial agreement can also lay out terms for maintenance or spousal support.   A well drafted prenuptial agreement can protect assets from being subject to division in the event of divorce, separation or death.

Most couples contemplate entering into a prenuptial agreement when the following has occurred:

  • It is not their first marriage and they have children from previous relationships and they want to protect their rights of inheritance
  • They have significant property and assets that they want to protect
  • Or they have gone through a difficult divorce in the past without a prenuptial agreement and want to ensure that it will not happen again.

There are several important items to be aware of when entering into a prenuptial agreement:

  1. There must be sufficient time for both parties to review the prenuptial agreement prior to the marriage. You do not want to hand your fiancé a prenuptial agreement too close to your wedding day;
  2. Your soon to be spouse needs their own attorney to review the agreement with them;
  3. All property, assets and debts need to be identified and disclosed in the prenuptial agreement;
  4. The agreement needs address what happens to the property, assets and debts in the event of divorce, separation or death;
  5. The agreement cannot be one sided, it must be fair to both sides;

Lastly you want to make sure that the agreement was entered into freely, fairly and with full disclosure of each person’s property and assets and that it is found not to be unconscionable.

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