Prenuptial Agreements are wise for anyone entering into a marriage with wealth they want to protect. The reasons individuals may want to protect themselves vary. They may have already gone through a divorce, they may have worked hard to earn their assets, either party owns a business, they may want to protect funds for the benefit of existing children, or they may just want to have questions answered in the event of a divorce or death.
Our attorneys are familiar with the laws governing these types of agreements. They can assist by drafting a Prenuptial Agreement or Marital (postnuptial) Agreement for you, or we can review a proposed agreement to ascertain if it is a document that will bring about a fair result in the event of death or divorce, prior to you signing it. More often than not, there is a negotiation that goes on before any agreement is signed. Basically, each party should have their own attorney; the negotiation or signing of the contract should not take place under duress; and there should be a full disclosure of each party's property, assets, and debts, or a waiver of the right to such a disclosure.
No. The law will generally allocate to you any property you owned before marriage if you do not mingle it to the point of non-recognition with marital property and the courts will divide marital property between the parties absent an agreement in the event of a divorce. A prenuptial agreement, however, removes the uncertainty of a judicial determination.
They are valid upon marriage, so the contract is never validated if there is no marriage.
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