IN Mt. Lebanon Winter 2017 | Page 11

INDUSTRY INSIGHT FAMILY LAW SPONSORED CONTENT 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) Mt. Lebanon | Winter 2017 | icmags.com 9