Prenuptial Agreements
If you are engaged to be married or wish to enter into a Domestic Partnership, a prenuptial agreement can be an extremely important planning tool. In fact, preparing a prenuptial agreement prior to marriage is an effective way to protect your financial interests. In the event of a divorce, a prenuptial agreement generally protects your premarital assets and can ensure that your property is deemed exempt from equitable distribution.
A prenuptial agreement may ensure to protect the following assets:
- Homes
- Investment properties
- Investment accounts
- Trusts
- Business assets
- Foreign assets
- And more
It is highly recommended that you consider a prenuptial agreement, if you:
- Own a business
- Anticipate receiving a significant inheritance or monetary gift
- Were previously married
- Have children from a prior relationship
- Have significantly more assets than your spouse
- Earn significantly more than your spouse
- Are the beneficiary of a trust
- Are marrying someone with significant debt
In order to have a legally valid prenuptial agreement, it cannot be unconscionable. In addition, both parties must:
- Fully disclose all assets
- Obtain independent legal counsel
- Enter into the prenuptial agreement voluntarily
- Be afforded sufficient time to consider all the terms of the prenuptial agreement prior to the marriage
Prenuptial agreements can be tailored individually to suit any couple's needs or situation. Our experienced attorneys can advise you of all your prenuptial agreement options and draft the proper agreement for you.