Sometimes when couples get engaged, they wish to keep any separate assets they have protected just in case the marriage doesn’t work out and they get divorced. Discussing whether you want a prenuptial agreement with your fiance is very important. It is important to look past the stigmas that are so often attached to prenuptial agreements and consider it a means to protect yourself that you may never actually have to use. Another misconception about prenuptial agreements that should be looked past is that they are only for the very wealthy. This is simply not true. Some individuals may just want to protect assets that may not be worth very much monetarily but are worth a lot in emotional value.
It is also important to note that when drafting a prenuptial agreement, only financial matters can be addressed. This covers spousal maintenance, retirement funds, pensions, savings accounts, stock portfolios, real estate holdings, and the division of assets. It does not permit individuals to input protections on any current or future children that the couple may have together. This means there is not to be any language regarding child custody, child support, visitation on certain holidays, etc.
If a couple does choose to draft a prenuptial agreement, it must be written, voluntarily signed by both parties, and be fair and just to both parties. If you have any questions about drafting a prenuptial agreement, contact our firm today.
If you require experienced legal representation for any of your divorce and family law matters, contact the Law Offices of Mark S. Paige, P.C. today to schedule a consultation.