how an attorney changed the outcome of my lawsuit

Posted on: 13 July 2015

You and your partner have finally set the date, and you are both looking forward to taking your relationship to a new level by getting married. In the midst of all the other necessary preparations, you may be considering making an appointment with your attorney to discuss whether or not you and your fiance should execute a prenuptial agreement before the big day. Read on to find out what prenuptial agreements cover and what not to do when creating your agreement.

What Does A Prenuptial Agreement Cover?

These agreements can be as wide-ranging or as specific as you like. There are very few legal requirements surrounding them, but commonly they include issues such as:

• Debt owned by each party at the time of the marriage, and who is responsible for paying the debts.

• Property owned by each party at the time of the marriage, and who retains ownership after the marriage.

• Property and debt division in the event of a divorce.

• Ensure that a child from a previous relationship can inherit a set share of property (this is no substitute for a will, but will reinforce your wishes in the event of challenges to the will).

• The allocation of household debt; who pays what bills.

• Savings and educational plans.

What Not To Do

1.  Ensure that this agreement was not coerced in any way. Courts have struck down prenuptial agreements that were later shown to be forced upon the signer.

2.  Do not include any provisions for child support, custody or visitation; state law holds the best interests of the child above any private agreement.

3.  You may not be able to specify spousal support, depending on the state you live in.

4.  Don't be tempted to add rules about non-financial issues, such as household chores, the naming of children, and where you will live. Judges take a dim view on such provisions in agreements and consider them frivolous.

5.  Don't consider hiding assets from your future spouse; it's best to start your marriage with a clean slate.

6.  Don't create an agreement that is clearly unfair to one party. Most courts will not uphold a grossly unfair agreement.

The preparation of this agreement should be regarded as an opportunity to discuss important financial issues with your future spouse and be on the same page as you begin your life together. Contact a family law attorney such as Cronk & Waterman PLC when you are ready to tie the knot, and enter your marriage with your financial details firmly decided upon.