The prenuptial agreement is a legal vehicle that's almost as old as the institution of marriage, dating well back into ancient times. Legally, though, it can be a challenging issue to address. It's important to put together a well-written document, and you should strongly consider asking a prenuptial agreement lawyer to draft yours.
While retaining the services of a prenup attorney is a good start, you should try to understand the basics of what will go into the agreement. These three issues frequently come up during the drafting process.
Bring It Up
If one party wants to have a prenup in place before getting married, it's wise to give the other party some opportunity to think about it. Some folks treat it as a very emotional topic, but they often see the logic once they've had some time to absorb the implications. Likewise, this will give them a chance to consult with a prenuptial agreement attorney and learn what their options are. The important thing is to have at least a couple of months to get things sorted out before the wedding.
Understand the Applications
A prenup is almost entirely about the disposition of money, assets, liabilities, and taxes. In other words, it is an agreement on how finances will be treated if the marriage ends in divorce. Especially when at least one of the parties has significant wealth, this can protect their interests during and after the marriage. You might never need to invoke the prenup, but it will be nice to have it available should things go sideways.
The disposition of financial issues has to be addressed in terms of things acquired before and during the marriage. For example, do both partners get to keep everything they will purchase during the marriage? Particularly in a community property state, this can make a huge difference in how resources will be divided in the divorce.
Child custody and support issues are frequently addressed, too. Similarly, spousal support is often enumerated in a prenup.
Enforceability
To make sure an agreement is enforceable, it's important to provide the other party some room to think about it beforehand. An agreement can be nullified if, for example, one partner repeatedly badgered the other into signing it.
Don't apply pressure. If the other party seems reluctant and remains so after talking with a prenuptial agreement lawyer, you should probably treat that as your answer. That may mean hanging up on the proposed marriage.
What do family lawyers really do? Most people know that they help clients in divorce proceedings, but this is only a small piece of their job. These attorneys also help draft custody arrangements, create adoption contracts, formulate prenuptial agreements, and designate alternative guardianship of kids in situations of abuse. As you can probably guess, working as a family lawyer requires tact, compassion, and an endless drive to do good. We are passionate about the work that these attorneys do, which is why we chose to write about that work on this blog. Our hope is that in reading these articles, you will also develop an improved understanding of family law.