A Prenuptial Agreement is not necessarily a bad thing.
It is something that you and your future spouse should sit down and talk about, particularly when there are significant assets involved in the creation of your future family.
Just the act of sitting down and talking about this can bring to light unknown issues in your relationship at a time when you’re best capable of fixing them. Wouldn’t you rather learn about an issue now instead of when resentments have hardened into impossible obstacles?
You should think of a Prenuptial Agreement as nothing more than a planning tool
In any other situation, you would plan for the future, so why not plan for the future of your relationship? You CAN be in love and be rational at the same time.
If you’re the lower-asset partner in the relationship and you’re worried that you’re signing away rights that you should have regardless of how long you’re together, don’t worry; these agreements can be written to “sunset” at a given time, or can include specific termination clauses.
Prenuptial Agreements can be used to protect current assets and:
- To protect against potential, unforeseen creditors for debts incurred before a marriage
- To provide for early estate planning, as a partial substitute for a Will or Trust
- To recognize the contribution of a less wealthy future spouse by putting in writing an intention to give them equity in your personal business – in other words, to protect against a claim for 50% by providing for gradual growth of equity over the duration of the marriage
- To protect “Separate Property” from becoming “Mixed Property” or “Marital Property” in the event of a divorce and Equitable Division of Property
- To establish Alimony in the event of a Divorce
The Trial Lawyers of The NA Firm
These agreements should be evaluated by not only your attorney, but also an independent attorney for your future spouse. This will ensure their later enforceability, by overcoming questions of undue influence or lack of understanding of the contents of the agreement. We stand ready to create enforceable, binding agreements that protect your estate from overreaching.