If you’re getting married, you may be considering whether you and your future spouse need a prenuptial agreement. Also called “prenups,” this kind of contract protects your assets if you ever get a divorce. Obviously, no one likes to think about their marriage ending. However, working with a prenup lawyer near me doesn’t mean that you think your marriage will fail. It simply means that you and your partner are going into your union with a clear understanding about what assets you’re bringing to the table.
Benefits to Having a Prenup
Of course, the biggest benefit of having a prenup is that it makes a divorce less stressful. Essentially, you are agreeing ahead of time about how to split your assets. During a divorce, you would still need to work out the details with the help of a divorce attorney. However, a prenup makes it much easier.
A prenup can also help make your marriage start on the right foot. During the process of creating a prenup, you and your spouse will have to discuss the assets you are bring to the table, your incomes, and other financial information. These are questions that some couples never ask before saying, “I do!” Unfortunately, this means you could assume things about your partner’s finances that are simply not true.
Additionally, a prenup can also give your families peace of mind. This is especially true if you and your partner come from different backgrounds. Signing a premarital agreement can help to put minds at easy, especially regarding family heirlooms. It’s a great way to extend an olive branch to parents or grandparents who are wary about a marriage.
What Should Be In Your Prenup
A prenuptial agreement can include as much or as little information as you want. However, we recommend a comprehensive contract so you and your spouse agree about all financial responsibilities and assets. Here are a few things to include in your premarital agreement:
- Property you are bringing into the marriage, including assets owned separately and together, as well as any premarital debts you have
- Family property, such as heirlooms, and how you will pass them on in the event of divorce or death
- Financial information regarding children from previous relationships, including inheritances they’ll receive if their parent passes away
- Decisions about financial responsibilities during your marriage, such as how you want to handle investments, who will pay bills, and how you will make decisions about spending money or obtaining credit
- Expectations regarding work and income, and how you plan to divide business assets if one or both of you own a business
- How you want to divide property in the event of a divorce, keeping in mind that this can include both parties
- Waiver of or provision for the payment of alimony
- Waiver of equitable distribution
- Provision requiring mediation or arbitration in the event of a dispute
Although these can be tough conversations to have, it is better to have them now when your relationship is happy. It is much harder to talk about these topics during a divorce, when emotions are running high.
Finding the Best Prenup Lawyer Near Me
Family lawyers typically handle prenups. Technically, you do not need a preup lawyer near me to sign a prenup. However, if your prenup isn’t clear, it might not hold up during a divorce. A judge could decide that it is too confusing or unfair, and it will be thrown out. So, it’s always best to work with family lawyers who have experience writing premarital agreements, like our team here at Morgenstern & Associates.
Keep in mind that you and your spouse should each have your own lawyer review any prenup before you sign it. A lawyer can only work for one party. You might sign an agreement that is not in your best interest. Our team looks out for you, while understanding that you always want to maintain a good relationship with your partner. After all, you’re getting married soon! We’ll walk you through the process in a way that protects you without getting antagonistic with your future spouse.
When looking for a prenup lawyer near me, it’s important to find an attorney with experience in family law. Not only have we created many premarital agreements over the years, but we’ve also been ranked as a Tier 1 family law firm in metropolitan areas by US News & World Report.
FAQs about Prenuptial Agreements
The best way to answer your questions about prenups is to speak with one of our lawyers directly. We can review your specific case to give you answers as they relate to your prenup. Meanwhile, here are a few general questions we hear about premarital agreements:
Is it easy to enforce a prenup during a divorce?
If the contact is clear and both parties signed voluntarily, it will be easy to enforce under the Uniform Premarital and Marital Agreements Act. That’s why it is so important to work with an experienced family lawyer. You don’t want there to be any ambiguity in the contract you sign.
Can I sign a prenup after I get married?
Are you already married? Don’t worry; you may still be able to sign an agreement. This is a “postnuptial agreement,” and like with a prenup, you and your spouse should each have your own lawyer to ensure the contract is fair. You may also be able to change a previous prenup, as long as both parties agree. It depends on your specific situation. Contact us today to set up a consultation where we can learn more about your case and give you prenup advice that is right for you.