Burning questions about prenuptial agreements

If you were one of the many people who accepted a marriage proposal during the holiday season, chances are that you will also be asked about your feelings about a prenuptial agreement. After all, with the divorce rate still hovering at about 50 percent, you probably know someone who is a marriage skeptic. Chances are that he or she will be warning you about your soon-to-be spouse’s shortcomings that will likely lead to your divorce

Before heeding advice about whether a prenup is right for you, it is helpful to understand what one entails. Basically, a prenuptial agreement is a contract that aspiring spouses enter into that establish the specifics for how money or property will be divided in the event of a divorce. Couples can decide for themselves what will be considered marital property as opposed to separate property.

Prenups are not limited to the uber-rich. In fact, many small business owners and people who are entering second marriages incorporate prenuptial agreements into their relationships. They help in expediting property division and work to limit such disputes.

Of course, there are some rules and limitations that marrying couples must be aware of. First, parties must certify that they have disclosed their complete financial circumstances, and that they are willfully entering the agreement without undue influence or coercion. Also, the agreement cannot include any rules that control the right of a custodial parent to receive child support. If you have questions about how to craft an agreement that works for you, an experienced family law attorney can help. 

Source: HuffingtonPost.com, “Why I’m getting a prenup…and you should too,” December 26, 2013

Read Our

Recent Blogs

Can I Appeal a Family Law Decision?

If you really think that the family court got things wrong, you may want to appeal the decision. It’s an understandable impulse, but you…

Read More
How Do I Change My Name After A Divorce?

There are many things to take care of when you are getting a divorce, and one important thing that many people should not skip…

Read More
Do Courts Consider a Child’s Preference in Custody Determinations?

When you are trying to find the best custody arrangement for your children after a divorce, many factors have to be considered by the…

Read More

Contact Us Today!

  • This field is for validation purposes and should be left unchanged.
Group of attorneys