Prenuptial Agreements

A prenuptial agreement is a contract entered into by husband and wife, prior to marriage. Typically a prenuptial agreement addresses in advance such issues as property division and spousal support, in the event of a divorce. A prenuptial agreement states what the arrangements will be in the event of a divorce with regard to assets, debts, alimony, inheritance rights, and other financial matters.

Prenuptial agreements are a sensitive topic and should always be handled with care. There are many typical arguments for or against prenuptial agreements. Typically, the argument "for" a prenup will go something like this:

"When half of all marriages end in divorce, isn't it just realistic and responsible to acknowledge the possibility of a future divorce?"

"And, if divorce is a possibility, wouldn't it make sense to decide all financial issues in a level headed, fair manner, before getting married? Isn't this more logical than trying to decide these difficult issues later, when feelings are already hurt or parties may not be acting reasonably?"

To this, many folks may answer with the powerful, emotion-filled counter-argument:

"By even thinking about a prenuptial agreement, aren't the parties already planning for the marriage to fail?"

These are all difficult questions. A lot of smart, reasonable people might disagree on these sort of issues, and there is no right or wrong answer. Often, those whom have been through a divorce, or have a friend or family member that has been through a dissolution of marriage, are more likely to be interested in a prenuptial agreement. Also, those with children from a previous relationship will often want to protect property or inheritance rights for those children, before entering into a new relationship.

So who should consider a prenuptial agreement? If you are getting ready to marry, and answer "Yes" to any of the following questions, then you may want to consider speaking with an attorney about a prenuptial agreement.

1. Do you currently own your home?
2. Do you own significant assets?
3. Do you own your own business, or a portion of a business?
4. Do you have children from a previous relationship?
5. Are you significantly wealthier than your soon-to-be spouse?
6. Is there a significant age difference between you and your future spouse?
7. Is this your second marriage?
8. Do you have loved ones that you are taking care of, such as elderly parents or disabled children?
9. Do you want to leave property you acquire in the future to your children, rather than your new spouse, in the event of your death?

A common myth about prenuptial agreements is that they are only for the wealthy. While it may be true that wealthier individuals might be more likely to think about these matters, there are certainly many people who aren't "rich" who still have interest in talking about these issues.

Please keep in mind that one attorney does not typically assist both individuals in these matters. Usually one attorney prepares the document at the direction of one party, and the other party may seek their own independent legal advice, but does not necessarily have to. Ideally, both parties would be represented by their own independent counsel, to ensure that the agreement is fair, and both parties understand their rights and obligations.

We recommend setting up a consultation to ask questions, address your concerns, and discuss potential arrangements.. We pride ourselves on being knowledgeable and tactful regarding these sensitive matters. We can help you from the very beginning stages of merely asking questions, all the way through to the negotiation, creation, and signing of the agreement.