PRENUPTIAL AND POSTNUPTIAL AGREEMENTS

Divorce

PRENUPTIAL AND POSTNUPTIAL AGREEMENTS

Most people who are engaged and planning their wedding certainly do not want to consider that their marriage may end in divorce. Making provisions for that possibility is definitely not a pleasant or welcome thought during this happy time. However, planning for the future will save you much time, money, and additional heartache should your marriage end in separation or divorce.

A prenuptial agreement, also called a “prenup”, can protect your property, clarify your financial rights and responsibilities, and greatly minimize future litigation and legal costs. Prenuptial agreements are no longer only for the very wealthy. They can address property rights and division for anyone at any income level. The future is always uncertain, but a prenuptial agreement can help to provide peace of mind and a pathway to swift resolution.


Another positive aspect of prenuptial agreements is that if you are considering one, it will force you and your partner to talk about your finances, financial goals, spending and saving habits, debts, and your individual attitudes about money. Since financial issues are one of the leading causes of divorce, discussing all of these aspects before getting married can help strengthen your relationship, and address potential problems before they occur.

 

What if you are already married and you did not get a prenup beforehand? What many people do not know is that you can still enter into an agreement about division of property even after you are married. This is called a postnuptial agreement. You may want to consider a postnuptial agreement if finances change drastically after marriage, if your or your partner start or end a business venture, or if you and your partner agree that one of you will forego employment to stay home with your children.

 

Prenuptial and postnuptial agreements should be detailed, specific, and tailored to your individual situation. MK can work with you and your partner to make sure that your desired outcome becomes a well-drafted and enforceable agreement.

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