Nobody wants to think about divorce prior to marriage, but the decision of putting a prenuptial agreement in place may save couples from financial and emotional turmoil in the event of a divorce or separation. Like saving for an emergency fund or having a will, a prenuptial agreement is a tool for the future, not a bad omen.
A prenuptial agreement, or prenup as it is commonly known, is a written contract entered by a couple before marriage or civil union, that allows them to control and select their legal rights in the event of divorce. A prenup typically lists all the property and debts each person has and specifies what each person’s property rights will be after the marriage.
Who Needs a Prenup?
A common misconception about prenups is that they are only useful for wealthy people. However, middle class couples are increasingly entering prenups for a variety of reasons.
Couples without children may simply want to have a clear picture of their financial rights and obligations in the marriage. Other couples may want to have a plan in place in case the marriage doesn’t work, and divorce is the best option. This allows them to enter the marriage knowing the legal outcome in the event of a divorce. A prenup is also a good idea to protect each spouse from each other’s separate debts.
Many people use prenups o protect separate property to ensure the property goes to children from a prior marriage when they pass. Without an agreement in place, the surviving spouse might have the right to claim a portion of the other spouse’s property, leaving less for the kids.
If you don’t enter into a binding prenuptial agreement, your state’s laws determine who owns the property that you acquire during your marriage, as well as what happens to that property at divorce or death.
What is usually in a prenup?
What can’t go into a prenup?
Prenups should be thought of as a tool to plan, not a bad omen that will predetermine the fate of your marriage. It’s important to have an experienced attorney draft your prenup so that no detail is overlooked. To schedule a consultation with an attorney at Brown & Dutton Law Firm, call (770) 422-4241.
About Brown & Dutton Law Firm:
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