What Is a Prenuptial Agreement?

In the case of an unexpected life event such as divorce or death, family courts order a prenuptial agreement for couples who intend to marry. A prenuptial agreement is a legally binding document that states your rights and describes important decisions you should make regarding your finances, assets and other legal matters. While there is a lot of pressure involved in creating a prenuptial agreement, it allows you to have concrete answers on how you want your money, property and other possessions to be handled. 

What is a prenuptial agreement? 

A prenuptial agreement, or prenup, is a legal contract that couples make prior to getting married that describes their legal rights and how their assets will be controlled in the case of death, divorce or other life event.  A top estate attorney can inform you about the process of writing a prenuptial agreement. 

Are prenuptial agreements always necessary? 

Though establishing a prenuptial agreement are viewed as practical and highly recommended, it is not necessary for all married couples to obtain. For certain individuals however, it may offer more benefits. Spouses who each have a high earning capacity or have multiple high-value assets may find that having an agreement adds an extra layer in the security of their assets. In the end, having a prenuptial agreement is deeply personal and couples should weigh the decision carefully, and think about their unique circumstances in addition to their goals and values. 

Not every couple chooses to have one, and moving forward without a prenuptial agreement comes with risks. If you decide to divorce and don’t have a prenup, then it may negatively affect your credit. Individuals who have a lot of debt, or may possibly take on debt in the future, may also be inclined to obtain a prenuptial agreement. 

What a lawyer can do for you

Hiring an experienced family law lawyer who is knowledgeable about prenuptial agreements is advised. They will always have your best interests in mind and act to preserve and protect your rights. Some of the services a lawyer can help you with include:

  • Drafting a prenuptial agreement
  • Reviewing the terms of a prenuptial agreement
  • Voicing your issues and concerns
  • Representing you in family court

Drafting a prenuptial agreement can involve several complicated factors, so if you want to ensure your concerns are heard and have strong legal representation, contact a lawyer who can assist you.