Prenuptial agreements are written contracts between engaged couples who intend to wed and specify how their assets will be divided in the case of divorce, death, or other unforeseen circumstances. In the case of a divorce or separation, it can also decide whether alimony will be paid. Turco Legal, P.C. can help you with your legal issues.
Which parties require prenuptial agreements?
A prenuptial agreement is necessary for everyone getting married with assets they want to preserve, even if it is only one.
What clauses are frequently seen in a prenuptial agreement?
Creating a prenuptial agreement is possible:
- to safeguard a sizable bequest or a trust stake;
- to safeguard a stake in a company;
- to support the offspring of a prior relationship;
- to guard against a significant wealth or income gap between the parties;
- to safeguard or separate a particular asset;
- Because divorces are common in your family, you want the agreement “just in case”;
- To determine if your intended spouse will receive anything from your estate;
- deciding how to divide assets acquired before the marriage;
- if a divorce occurs, to assess if alimony will be paid; and
- to decide who would be in charge of paying off each party’s obligations from before the marriage.
- I am not incredibly wealthy. Is a prenuptial agreement still necessary?
A prenuptial agreement is a smart option if you have any assets, or even just one item, such a property or retirement account, that you wish to preserve in the event of a divorce.
Do I need legal representation when I sign a prenuptial agreement?
A prenuptial agreement can be signed without either spouse having legal representation, but doing so could lead to problems later. It could result in the prenuptial agreement being declared illegal during a divorce.
A prenuptial agreement may be changed in the future, may it not?
Insofar as the original Prenuptial Agreement expressly provides that it may be changed in the future (as it typically does), the answer is yes.
Can conditions regarding child support and custody be included in a prenuptial contract?
The quick response is no. You can mention in a prenuptial agreement that you and your future spouse will support your children, but you cannot give up any parental rights.
Are prenuptial agreements guaranteed to be upheld in the event of a divorce?
There is no certainty that your prenup will be upheld in a subsequent divorce case, but one way you may try to prevent the agreement from being thrown out in a divorce action is to engage with competent lawyers on both parties to help you construct the agreement.