Prenuptial agreements — or prenups — sadly have a negative reputation in our current society, and unfortunately, this stops many couples from honestly discussing why a prenup may be right for them. A prenup lawyer understands that these contracts allow couples to have difficult conversations about debt, future financial plans, and how they’d like their assets divided in case of death or divorce.

Firstly, prenup agreements are very useful in opening the lines of communication between couples when communication is most important, right before marriage. Not only that, but communication is the critical component of a long, happy marriage. Having difficult conversations before getting married may save some couples a lot of pain down the road.

It also allows couples who have been married before to have honest conversations about their wishes for the children from the previous marriage. In addition, couples may want to keep their assets separate, so there’s no question who is the beneficiary of the assets when they pass. Finally, half of all marriages end in divorce, and a prenup agreement makes these divorces easier by taking the conflict out of negotiating the property settlement.

However, none of this happens if the contract is not set up correctly, and that’s why a prenup lawyer is so important in the proceedings. The prenup agreement does no good if its validity will be called into question when it’s finally needed. This guide will talk about what a prenup agreement is, what should be included in a contract, why it’s beneficial, and how to find a good lawyer in your area.

 

WHAT IS A PRENUPTIAL AGREEMENT?

A prenuptial agreement is a type of contract drawn up between two people before marriage. It lists all the assets and debts each person brings to the marriage and specifies their rights concerning the division of these assets. In some states, the prenup agreement is known as an “antenuptial agreement,” or premarital agreement.

 

WHAT SHOULD BE INCLUDED IN A PRENUP?

Prenup agreements will differ from couple to couple. However, there are a few items that should be included in every contract, including:

  • Property: An agreement should stipulate what is to be done with the property when the marriage ends. This is especially true of property that was bought before the marriage started.
  • Saving strategies: There should be a mention of how joint or separate bank accounts should be handled.
  • Bills: Information on who will be responsible for what bills when the marriage is over.
  • Debt: As above, who will be responsible for any financial obligations, especially financial debt accrued before the marriage.
  • Children from previous marriages: The contract protects any arrangements made for children born before the marriage starts.
  • Family property: Family property and heirlooms may be considered outside the marital property, which should be spelled out in the contract.
  • Estate planning: Plans on how each member of the marriage wants their assets divided so that they cannot be altered by the surviving spouse.

State jurisdiction: It should be clear what state has jurisdiction over the prenup agreement if there is a question over which state laws to follow.

 

BENEFITS OF PRENUPTIAL AGREEMENTS

Although prenuptial agreements have a bad reputation, there are some positive benefits to them, including:

  • Communication: Communication is vital to every marriage, and financial communication is often the hardest to have. A prenup agreement gives an excuse to discuss financial matters in the depth they deserve.
  • Saving time and money: Divorces are expensive, and a prenuptial agreement makes the process easier, faster, and less costly.
  • Protecting family property: Family property can be put at risk during a divorce. A prenuptial agreement ensures that family heirlooms and the like are protected.
  • Legal definitions: In many cases, it is useful to legally spell out what is considered marital property before the marriage starts. A legal agreement can save a lot of bad feelings and animosity later.

Debt protection: A prenup agreement can protect either member of the marriage from debts their partner accrued before the marriage even started.

 

FINDING THE BEST WORCESTER PRENUP LAWYER FOR YOU

Getting married is exciting and all aspects of this big change should be celebrated. Working with a prenup lawyer allows you to take the necessary steps to begin your marriage with full transparency. You need to find a lawyer that’s best suited for you.

If you walk into a lawyer’s office and you don’t feel comfortable with the lawyer, don’t retain their services. You should be confident in your lawyer’s ability to handle your prenup and feel comfortable working with them.

Contact us today to schedule

 

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FAMILY LAW ATTORNEY IN WORCESTER, MA

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Hi, my name is Polly Tatum,

I help people protect what they care about most. If you are getting married soon and would like to ensure you enter into this union with full honesty and protections in place, I can help.

As with most things in life, the more prepared you are, the better off you’ll be. 

Whether you have already started talking about a prenup with your partner or you are just now figuring out how to bring up the topic, you have come to the right place.

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Frequently Asked Questions 

CAN YOU DO YOUR OWN PRENUP?

Each state has its own prenup laws, and making a valid prenup agreement without understanding these laws can be difficult; therefore, it is advised that you get a prenup attorney to draft one for you. In fact, some states require your prenup contract to be drawn up by an attorney.

WHAT HAPPENS IF YOU DIVORCE WITHOUT A PRENUP?

When a marriage ends without a prenup agreement, your state’s laws decide how your property is divided and what happens to your assets at divorce or death. The state may even have rules about what happens to assets that already existed before the marriage.

Legally marriage is a contract between two people, and with that contract comes certain automatic rights for each spouse for example:

  • Marital property: Any property acquired during the marriage is shared equally between the spouses and will be divided accordingly in the event of divorce or death
  • Debts: Debts incurred during the marriage will be split evenly between spouses without regard to who acquired the debt.
  • Marital assets: Spouses share the control of communal assets, including the right to sell or give away the assets.

It is clear that your assets, especially those you acquired during the marriage, are not adequately protected by state law. Therefore, a prenup agreement is necessary to ensure that your property is treated in the manner of your choosing.

ARE PRENUPS REALLY ENFORCEABLE?

If drawn up and executed correctly, Prenuptial agreements are legally binding and are usually upheld in court.

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