PRENUPTIAL AGREEMENTS
All marriages end at some point – either as the result of the death of a spouse or a divorce. Either event will legally impact your property rights and, in the event of a divorce, may give rise to post-separation support and alimony claims by one spouse against the other. If you are planning on getting married, prudent financial planning for you may include having a prenuptial agreement.
Prenuptial agreements – also known as premarital agreements - are legal contracts made by prospective spouses prior to their marriage in order to plan for death and/or divorce. Many couples who are entering into a second or subsequent marriage or have children from a prior marriage, especially those with substantial assets, want or need a prenuptial agreement to protect property, to address what happens upon termination of marriage and to assure their peace of mind.
There are different reasons why a person might want or need a prenuptial agreement, including:
- to help protect the rights of children from a previous marriage of a party to inherit property upon that party’s death;
- to decide whether alimony will be paid in the event of divorce, and, if so, whether there will be any limits on the amount or duration of alimony; and/or
- to protect assets in case the marriage ends in divorce.
A prenuptial agreement may contain comprehensive provisions for both death and divorce, or it may be limited to only one or two specific concerns.
Horack Talley family law attorneys understand that prenuptial agreements are vital in certain cases and must be carefully drafted to address and protect a client’s concerns and needs. We are experienced in identifying ways to achieve these goals and in preparing the right agreement to meet your particular concerns and needs.
If you are contemplating marriage and want to explore whether a prenuptial agreement is appropriate in your case, consult with one of the Horack Talley family law attorneys. We will determine whether you need a prenuptial agreement and, if so, we will use our knowledge and expertise to prepare a prenuptial agreement that meets your specific concerns and needs.
