Prenuptial agreements are a common tool to specifically set forth what will happen to your assets during, and potentially after, your marriage. You may be concerned to consider a prenuptial agreement, worrying that it sends the wrong message; however, the reason prenuptial agreements exist is nothing more than to create a specific plan for all current and future assets. Absent an agreement, state law dictates how assets will be treated during a divorce. This one-size-fits-all approach is a baseline, and in many cases, the unique circumstances of the couple would be better served by creating a custom plan for each party’s assets. Prenuptial agreements are simply a way for you to modify the laws regarding division of assets to bring them into accordance with your own views.
Most people who enter into prenuptial agreements are interested in having their property treated a certain way in the event the marriage comes to an end. Agreements may state that certain items that belonged to you before the marriage will continue to belong to you, no matter what may happen down the road. For instance, you may wish to keep a family home or other heirloom that has been passed down generation to generation. Prenuptial agreements can also include provisions regarding how assets accumulated during the marriage will be divided.
Due to the important nature of prenuptial and postnuptial agreements, the law imposes specific requirements about what can and cannot be agreed to as a matter of public policy. The Law Firm of Alexander K. Anderson can help navigate the strict requirements for prenuptial agreements, create a plan for what you and your spouse want for your assets, and ensure that you achieve your goals.