Taking a relationship towards marriage is a very exciting time for all involved. The last thing a couple is thinking about during this time is the possibility of divorce and what may happen if the marriage ends. It is important to take a moment to consider protecting one’s assets and wealth, especially as a high net worth individual. Although prenuptial agreements may have a negative stigma attached to them, these agreements can allow a couple to focus on the strengths of the relationship without worrying about the future. When you are considering marriage, it may be wise to consider a prenuptial agreement. If you need legal assistance drafting such an agreement, contact an experienced prenuptial agreement attorney from The Law Office of Peter L. Jameson, PLLC to schedule a consultation today.
If a marriage ends in divorce without an agreement preserving assets, those assets may be subject to the equitable distribution process and a portion could be possibly given to the other party. Equitable distribution is the process in which a court divides assets and liabilities in a divorce. However, equitable does not always mean equal. It simply means that assets and debts will be divided fairly after considering many factors. During the equitable distribution process, only marital property is divided. Assets detailed in the prenuptial agreement are exempt.
When creating a prenuptial agreement, it is important to make sure it is drafted and executed prior to the marriage. Prenuptial agreements may only address matters related to finances and cannot address custody or child support matters. They may also address a multitude of situations, including adultery, and death, just to name a few. In order to ensure that your prenuptial agreement is valid, it must be:
If the couple is already married, they may not be eligible for a prenuptial agreement. However, if one can convince the other that it is necessary, executing a postnuptial agreement may be an answer. The only difference between the two documents is the time in which they are drafted and executed.
Protecting oneself from an uncertain future is important. Though most believe in an unjust stigma attached to prenuptial agreements, it is important to take this option into consideration when hoping to protect assets and wealth. Setting aside the financial aspect of the forged relationship can help the couple focus on the more important things. The Law Office of Peter L. Jameson, PLLC has significant experience working with couples to draft these agreements and help them come to a resolution that makes all parties happy. Contact The Law Office of Peter L. Jameson, PLLC today to schedule a consultation.