Pre-Nuptial & Post-Marital Agreements

Roseville Family Law Attorney for Pre-Nuptial Agreements

A prenuptial agreement can best be understood as a contract which governs certain economic aspects of a marriage. The agreement is most commonly used to define set terms for the division of property, payment of alimony, etc. in the event of a divorce, though it may also be used to delineate terms for what will happen should either party pass away. Rather than leaving things up to the courts, you can use a prenuptial agreement to make decisions in advance about certain aspects of the legal relationship between you and your future spouse. If you or your spouse-to-be owns a business, has investments, or is the beneficiary of a trust fund, a pre-nuptial agreement can be used to protect some or all of the assets in question. Meanwhile, marital agreements (commonly referred to as post-nuptial agreements) are very similar to prenuptial agreements, but are entered into by spouses after their wedding, during their marriage.

They can cover the same issues as prenuptial agreements, but due to the fact that the duties of spouses to each other are different than the duties owed to those engaged to be married, but not yet married, slightly different rules apply. These rules can have serious ramifications, however. Unlike marital settlement agreements, marital agreements are not entered into after the spouses are separated or believe their marriage is at an end. To the contrary, when spouses enter into marital agreements, their intent is to remain married. In most cases, these documents are drafted when a couple acquires new money or simply wants to protect their own individual property while they are fully married. Couples may decide to do this if they had no money or assets of some sort when they originally married, though now they have more to their name. If you are unsure as to whether or not a pre-nuptial or post-nuptial agreement is a good option for you, speaking with a family lawyer is encouraged.

Is a prenuptial agreement right for me?

Making the choice to ask your future spouse about filing a prenuptial agreement is anything but romantic, though it may be a decision that is beneficial to each of you down the road. Though you are clearly not planning ahead for marriage just to divorce, knowing that there is a sense of security in the mist of life's ebbs and flows is somewhat comforting. As it is no easy decision to make, if you are considering the option of a prenuptial contract, here are a few benefits to take into account:

  • It will help document all property prior to the wedding and keep it listed as separate
  • A prenup acts as a support to your estate plan in the event of a death to make sure that your wishes are honored after you die with regards to who can keep your personal property
  • It may prevent you and your spouse from divorce court years down the road because of your prior agreements that had been made
  • A prenuptial agreement can help decreased the stress and conflict levels that are associated with your divorce
  • You can rest assured that your spouse's debt won't affect you in the event of a future divorce
  • It will provide certain guidelines for each of you during the time of your marriage, addressing more difficult topics that would arise later on in life early on
  • This will also allow you and your spouse to have any specific requests or agreements drafted that may affect you later on in life involving the custody of your children, marital property splits, etc.

Contact a Roseville Divorce Attorney Now

If you and your fiancé(e) or current spouse are trying to decide whether or not a prenuptial or post-nuptial agreement is best for you, do not hesitate in contacting the Law Offices of Evan Samuelson today to discuss the options that are available to you! We understand that bring up this topic with your partner may be like walking on egg shells, but by considering these factors before your marriage (or while you and your and your spouse are still happily married) may save you a lot of pain and hardship in the long run if a divorce does happen after all. Our firm is equipped to walk you and your family through all matters associated with family and divorce law and we are ready to offer you the legal guidance you deserve. If you are looking to discuss a prenuptial agreement or a post nuptial agreement, please utilize our online case evaluation today!

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