Understanding Prenuptial Agreements

Prenuptial Agreement

    Prenuptial Agreements

Understanding Prenuptial Agreements

You may be considering a prenuptial agreement but might not be sure if one is right for you. At Amaral & Associates we have drafted a number prenuptial and postnuptial agreements. These agreements are commonly referred to as “prenups and postnups.”

Why do couples consider getting a Prenuptial Agreement? 

There are many reasons why someone would think about an agreement about the break up of their marriage. In a number of situations there is one member of the couple that has significantly more assets than the other. Also there often can be good reasons to have a prenuptial agreement if the marriage is a second or third marriage or there are children and or inheritance involved.

Do I need a Prenuptial Agreement? 

This is an important but difficult question to ask yourself and part of a hard conversation to have, but it can be instrumental in starting the marriage off on a clear footing where everyone knows the consequences if the marriage should end in divorce. A qualified attorney that has your best interests will advise you if you need a prenuptial agreement. 

For example, having a qualified attorney draft a prenup or postnup could be important to help protect a thriving business, or to protect major assets or could aid in the need to designate certain assets for children from a previous marriage.

Remember these agreements must be drafted correctly and therefore be enforceable. At Amaral & Associates we help clients by: 

  • Providing clear counsel on what forms of asset protection and other goals can be lawfully addressed in a prenuptial or postnuptial agreement
  • Offering information and helpful tips for discussing this issue with the intended spouse
  • Helping each client translate his or her reasons for forming a prenup or postnup into an agreement that is understood by, and acceptable to, both spouses
  • Working diligently to ensure that all conditions and formalities required to make an agreement valid are fulfilled, including the requirement that the agreement be fair and reasonable
  • Representing men and women in divorce cases in which marital agreements are involved and may be challenged

If you have questions about these agreements and you aren’t sure if you really need one, the answer is probably yes, not that you have misgivings about the marriage but an agreement is an agreement. That agreement should spell out what happens if the marriage doesn’t work out. This way all eyes are open going into the marriage. When things are clear and upfront everyone can move forward to start the marriage off right. 

Also keep in mind there are many myths and misconceptions about prenuptial agreements. For fundamental information and answers to many common questions, we encourage you to read our articles on:

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