With wedding season upon us, it is important for couples to consider creating
prenuptial agreements before walking down the aisle. While some people look upon prenuptial
agreements negatively, it should be understood that they are designed
to protect the best interests of people just in case things don’t
work out as they originally planned (that’s life, after all). They
shouldn’t all be viewed as selfish, pessimistic, or an expectation
of failure. It is simply way for partners to take control of their own
arrangements without needing to leave it to the hands of the expensive
lawyers or judges.
Signing a prenuptial agreement is usually a good idea in any of the following cases:
You earn significantly more than your partner. If you bring in quite a bit more income than your partner, your partner
could end up with up to half of that money if you ever divorce. Signing
a prenuptial agreement can help you keep what you have worked for.
You earn significantly less than your partner. Similarly, if your income is much lower than your partner’s, signing
a well-crafted prenuptial agreement can protect you in the event of a divorce.
You are significantly wealthier than your partner. Signing a prenuptial agreement is a good way to ensure that your partner
is marrying you for you, not for your money.
You plan to quit your job to raise children. Leaving a job to raise a family will have a negative impact on your wealth
and income. Signing a prenuptial agreement can protect a homemaker with
the financial burden of raising children.
You own all or part of a business. Without signing a prenuptial agreement, your spouse could end up owning
a portion or value of your business if you divorce. By signing an agreement,
you can prevent your spouse from becoming an unwanted business partner,
and do something fair in return.
Your partner has a large amount of debt. If you are marrying someone who has significant debt, signing a prenuptial
agreement may prevent you from becoming responsible for those debts in
the event of a divorce.
You wish to protect your estate plan. A prenuptial agreement can ensure that your estate plan functions as
you planned. As an example, it can help keep a cherished heirloom in the
family rather than potentially losing it during property division or a divorce.
You are remarrying. When a person chooses to remarry, they have very different financial
and legal concerns than in a first marriage, including things like children,
support obligations and possession of property or other significant assets.
Signing a prenuptial agreement with your new partner can ensure that your
wishes for all of your family will be followed when you pass away.
If you are soon to be married and are considering signing a prenuptial
agreement, please contact Lois M. Brenner, Esq. We have more than 35 years
of experience helping thousands of clients with their family law concerns
and are fully prepared to help you draft and sign an agreement that protects
your best interests.
schedule a consultation with our firm, please call us at (888) 595-1559.