A pre-nuptial agreement is a contract signed between two people prior to getting married. This is done in contemplation of a possible divorce or possible death.

When you are a divorcee entering into a new marriage, or you want to protect your investments or property when entering a marriage for the first time, a prenuptial agreement is advisable.

There are many things to consider when drafting a prenuptial agreement which you may overlook, but would capture the attention of a lawyer. It is in the interest of both parties to seek that services of a lawyer when entering into a prenuptial agreement.

The prenuptial agreement would spell out how the couple will divide their assets, how they would like to handle their property and also addresses alimony if the couple wishes to place it into their agreement as well.

You may or may not need a prenuptial agreement, however, there are some scenarios where it is in the interest of a couple to consider a prenuptial agreement.

1. If this is a second marriage for either party.
2. If there are children from a previous marriage.
3. If one or both of you own a business.
4. If you have assets that you had prior to getting married.

The above are valid reasons to consider in a prenuptial agreement. The prenuptial agreement will be an undertaking as it pertains to your property division, therefore avoiding complicated litigation in the future. It may also help you avoid costly legal fees and court fees.

There are some things you should consider when drafting a prenuptial agreement.

• A prenuptial agreement cannot contain any agreements that pertain to child custody or child support.
• Both parties must voluntarily sign the agreement. There should be no coercion or duress and no fraud in the agreement.
• The terms of agreement should be favorable to both parties.

It is in the best interest of the parties that the agreement is drafted and signed several months prior to the wedding to avoid any impropriety, any suggestion that it was done last minute, that one of the parties did not have time to seek independent counsel to review it, or that one of the parties was pressured into signing it at the last minute.

Lastly, the courts really scrutinize prenuptial agreements, so the necessary precaution should be taken to avoid the court. In the event of the prenuptial agreement, one of the parties goes to court to strike out the terms of the prenuptial agreement, the court will take its time to scrutinize it and after careful consideration may uphold the agreement or cancel it.

If you are considering a prenuptial agreement, contact our office to discuss any question you may have with an experienced family law lawyer.