INDUSTRY INSIGHT
FAMILY LAW
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Do I Need a Prenup?
D
iscussing a potential Prenuptial Agreement with your fiancé
may seem like a difficult task. But it is not as difficult as
what may happen if you divorce without one. Prenuptial
Agreements, also referred to as Ante Nuptial Agreements, are
used to define how your marital estate will be treated in the event of a
separation or divorce. They are also used to protect assets in the event
one of you dies after a marriage.
There are many benefits to having a Prenuptial Agreement,
including:
1 It allows you and your fiancé to determine, in advance, a plan
regarding your rights and obligations in the event of a separation,
divorce or death.
2 It allows you to direct the distribution of your marital assets.
Without a Prenuptial Agreement, your property may possibly be
divided by the court after litigation, which can often be
contentious and costly.
3 It can help protect against debts your spouse may incur during
the marriage.
4 It can help protect your ownership interests in a business.
5 If you do separate and then divorce, a Prenuptial Agreement will
streamline the divorce proceedings.
6 If you have children from a prior relationship, a Prenuptial
Agreement can be used to protect your children’s inheritance and
property rights.
So if you are contemplating marriage, you should consider the
following:
1 You should have competent legal counsel to advise you about
how a Prenuptial Agreement can protect you given your
particular facts and circumstances.
2 Neither you, nor your fiancé, should be under duress or have
diminished mental capacity at the time the agreement is signed.
3 Both parties must fully disclose their assets and liabilities in order
for the agreement to be valid and enforceable.
Entering into a valid and binding Prenuptial Agreement can help to
avoid future uncertainty in the event of separation, divorce or death.
We regularly counsel clients who are about to marry. It is time well
spent. Give us a call.
Your Team: (Front) Shannon Sacca, Esq., Reid Roberts, Esq. (Chair), Chrystal Tinstman, Esq.,
Max Levine, Esq. (Back) Stephanie Kundly, Angela Waxler, Theresa Greco, Tealizalynn Doyle,
Rachel Marcyjanik, Stevie McCorkle, Jwan Allen (not pictured)
Mars Area | Winter 2017 | icmags.com 9