Oftentimes, disputes arise when couples realize they were not “on the same page” in their expectations for their relationship. For this reason, many people feel it is important to enter into a marriage with a clear understanding of each spouse’s rights and obligations, by signing a Prenuptial Agreement prior to their wedding.
For example, the parties can discuss whether they will acquire joint assets, such as bank accounts or real property, and define what will constitute marital property and separate property. They can discuss how expenses will be apportioned during the marriage and how premarital debts will be paid. A Prenuptial Agreement can be especially important where one or both parties own a home or other significant assets prior to the marriage, or have children from a previous relationship.
It is recommended that each party to the intended marriage have their own attorney to represent them in negotiating a Prenuptial Agreement. The agreement should be signed well in advance of the wedding day, to avoid either party feeling they were pressured into its terms at the last minute.
At Petroske Riezenman & Meyers, P.C., we can prepare your Prenuptial Agreement or review and advise you regarding an Agreement that as been prepared by your fiancé’s attorney.
If you already have a Prenuptial Agreement and are now involved in or considering a divorce, we have experience both challenging the validity of such agreements, and defending against such efforts to set aside a prenuptial agreement. Our lawyers can help you to determine the best course of action for your situation. Contact us for a free, confidential consultation with one of our attorneys.