Of course, no one really wants to think about divorce before they get married but it is important to protect oneself because the future is unpredictable. One way that individuals can protect everything they have worked so hard for over the years is through a prenuptial agreement. Prenuptial agreements have an unfortunate stigma attached to them but they can truly allow a couple to focus more on their new marriage than on other matters at hand.
Prenuptial agreements can include matters such as the division of assets, spousal support, pensions, and more. However, it is important to note that prenuptial agreements cannot include matters related to any current or future children. Another important aspect of creating a prenuptial agreement is to make sure that the agreement is valid. There are several factors that are considered when validating a prenuptial agreement. These include that the agreement is in writing, it is notarized, it contains a full disclosure of all assets, liabilities, and earnings, that each party retains legal counsel to review the agreement, that it is signed prior to the marriage, and that it is voluntarily signed by both parties.
Some parties may wonder what they can do if they failed to execute a prenuptial agreement before they got married but wish to obtain the same protections. In this case, they may want to consider a postnuptial agreement if they can convince their spouse to agree. If you require legal guidance in drafting a prenuptial or postnuptial agreement, contact our firm today.
If you require strong legal representation for matters of divorce and family law, contact The Law Offices of Paone, Zaleski & Murphy to schedule a consultation today.