Brandon Prenuptial Agreement Attorney
When you think of prenuptial agreements, you may think of celebrities and other rich folks trying to protect their wealth before getting married. While this is mostly true, the truth is that anyone can get a prenuptial agreement. In fact, millennials are getting them at high rates.
A prenuptial agreement is like a marriage contract. It is a legal document that a couple agrees to prior to marriage. It allows them to supersede the marriage and divorce laws in their state and decide what will happen to assets and debts when their marriage eventually ends by death or divorce.
Have you and your spouse decided on a prenuptial agreement? If so, here are some things you should know.
Drafting a Prenuptial Agreement
When drafting a prenuptial agreement, the best advice is to use separate lawyers. If you’re using your soon-to-be-spouse’s lawyer, they’re not going to have your best interests in mind. For full disclosure, hire your own lawyer.
Also, keep the prenup simple. Limit it to financial and legal issues. Do not include information about how many kids you will have, what religion you will practice, or how you will celebrate holidays. You and your spouse should be able to discuss these topics freely without getting the courts involved.
Don’t wait until the last minute to draft the prenuptial agreement. You should give yourself at least a month before the wedding to review everything
Enforcing a Prenuptial Agreement
Prenuptial agreements are governed by state law. They will be enforced if they meet the following requirements:
- The agreement addresses the rights and responsibilities of each spouse.
- The agreement is in writing and signed by both parties.
- The agreement is entered into voluntarily by both parties.
- The agreement was signed in advance of the wedding (at least one month prior).
- The agreement is not one-sided or unfair in that it would leave one spouse destitute.
- The financial status of both parties is adequately disclosed.
- The agreement would not violate one party’s marital rights.
Challenging a Prenuptial Agreement
Just because you signed a prenuptial agreement doesn’t necessarily mean it’s valid. There are several ways to dispute one. Here are some situations in which you can challenge a prenup:
- You or your spouse signed the agreement under duress, force, manipulation, or fraud.
- One party was mentally incapable of consenting to the prenup.
- One party was mentally incapacitated due to alcohol or drug use.
- One party did not fully disclose their finances.
- The agreement is unfair.
- One party was not given enough time to review the prenup before the wedding.
Contact a Brandon Marital Agreement Attorney Today
Prenuptial agreements can be a good idea for any couple who has significant assets or expects to in the near future. Marriages are essentially business transactions, and a prenup can protect you financially in the event of a divorce.
Need help drafting a prenuptial agreement? Have questions about enforcement? Brandon prenuptial agreement attorney Stephanie Koether from Koether Law, P.A. can answer your questions and help you understand the process. Contact her today to schedule a consultation.
