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A prenuptial agreement, or prenup, is a contract signed by two individuals before they marry. In every state, married individuals have certain rights with respect to property, support, and inheritance in the event of divorce or the death of their spouse. Prenups are meant to override these rights. Prenups can also address issues such as the award of attorney’s fees as well as the “spouse’s share.”
Should I sign a prenup?
You may wish to sign a prenup for many reasons. Prenups are primarily used to protect assets acquired or inherited pre-marriage, but they can also protect those acquired or inherited post-marriage. Sometimes, both parties to the prenup have been widowed and want to ensure their respective estates go to children from a previous marriage—and not to their current spouse—if they die or become divorced.
Make an informed decision.
Your prenup is generally valid if it follows all of the procedural requirements set forth in the statues of the state where you and your spouse live. These requirements likely include a full disclosure of all income and assets, along with notice to both parties of the ability to obtain counsel.
Is my prenup valid?
If you’re thinking about signing a prenup, give us a call. Being in love is a wonderful experience, but being starry-eyed can make it difficult to exercise caution. We can help you understand the basic rights and entitlements you have as a married individual without a prenup, and how signing a prenup could affect each one.
On the other hand, if you’re considering a divorce and you have a prenup, we can review your prenup to determine its validity. Prenups are not black and white; in many cases, loopholes can and do exist. We apply our longstanding family law expertise to identifying areas of your prenup that could be challenged. Although the majority of our cases settle favorably in mediation, we are prepared to defend your prenup in the courtroom if needed. We know how to argue for the best result.
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