Prenuptial agreements are an option for couples that are about to become officially married. Marriage is a beautiful thing and sometimes couples are turned off to the idea of a prenuptial agreement due to implications they draw from it. However, a prenuptial agreement does mean that a couple is already thinking about how their marriage may end in divorce. Instead, a prenuptial agreement can be an opportunity to sit down with your soon-to-be spouse and understand your separate property. This can be beneficial in the long run. Couples should consider this option as a means to avoid arguments.
In a prenuptial agreement, it includes a list of all assets that are to be split between the spouses. The spouses name assets in the agreement that they own individually. It can address any inheritances that are to be passed down or collected, appreciation of property, spousal support, real estate and fidelity. To ensure that a prenuptial agreement is legally binding, it must be in the form of a written document that is agreed to by both spouses. Both parties have to voluntarily agree on the decision to get a prenuptial agreement between them. They must also be accepting of the details written in the document. To make it honest, there needs to be a full financial disclosure presented in this agreement. This proves to be more beneficial in the end. The agreement must prove to be fair and just for both spouses involved. When it is decided upon, it must be notarized to make it legally binding between the parties.
Why do people decide to get prenuptial agreements?
Couples entering into marriage might consider a prenuptial agreement for various reasons. If they have a prized possession, such as a house that has remained in the family for years, they may want to protect it in the case something were to happen in the future. If one spouse owns a business or has a high net worth, they may also consider this type of agreement. It can help secure their status as a business owner or high net worth individuals by protecting their assets. These agreements may also be acquired to address any inheritances that an individual in the marriage is to acquire. Each case can differ due to the variables in the marriage.
Can people get prenuptial agreements after marriage?
Once couples have been married, they are able to acquire a postnuptial agreement. This document is the same as a prenuptial agreement. The only difference is that it is acquired by the couple after they have officially been married.
Ross and Calandrillo, LLC is a full-service divorce, family, and real estate law firm located in Mountainside, New Jersey. For strong legal representation in all of your divorce or family law matters, contact Ross and Calandrillo, LLC to schedule a free consultation.