Couples are not thinking about divorce when they get married. However, establishing a legally-binding agreement that protects the soon-to-be spouses’ financial rights is a smart step to take – even if they never plan to need it.
Prenuptial agreements are common, and they’re customizable to fit the unique needs of each individual couple. This document is like an insurance policy in case of divorce, just as a family has have property insurance in case of flood damage.
Drafting a Durable Prenuptial Agreement
The following are true about a good prenuptial agreement:
- The document is fair and equitable,
- Both soon-to-be spouses are represented by a lawyer when developing the agreement, and
- All the details that are important to each spouse are included in the document.
A prenuptial agreement could include as many factors as the soon-to-be spouses want to consider. The document may do the following and more:
- Distinguish the responsibility of one spouse’s debts and liabilities
- Protect family property and inheritances from becoming marital property
- Keep assets, businesses, and income as separate property
- Define the terms of property distribution in the event of divorce
Certain factors cannot be included in a prenuptial agreement, such as
- Spousal support (also called alimony),
- Child custody and support,
- Anything illegal,
- Rules about personal and non-financial matters, and a few other factors.
As long as the items fit within the court’s parameters, they may be included in the document to be protected in case of divorce.
Getting Help from Experienced Legal Counsel
Filing a prenuptial agreement can be just another step to take as you plan your marriage. Choosing the right lawyer to assist you can make all the difference in not only your experience, but also the durability and validity of your agreement.
Divorce Done Right guides couples through their legal matter using a constructive and collaborative approach, which allows the parties to stay in control of the decisions that are made. Contact our team today if you’re considering filing a prenuptial agreement. We can give you the information you need to make the best decisions possible. Call (866) 337-4448 for assistance today.