Prenuptial agreements may be somewhat uncomfortable to think about, but they can save you a lot of heartache, if your marriage ends in a divorce. A prenuptial agreement may not be the most romantic thing in the world, but it can help keep things civil. A prenuptial agreement is an agreement made before the marriage occurs, concerning the ownership of your assets. While a prenuptial agreement can be the right choice for some couples, it is not for everyone. Our experienced lawyers at the Lake of the Ozarks are here to explain the specifics behind prenuptial agreements, so you can have a better chance at knowing if getting a prenuptial agreement is the best thing for you and your future spouse.
Reasons You May Consider a Prenuptial Agreement
The benefits of having a trusted lawyer at the Lake of the Ozarks draft a prenuptial agreement for you and your future spouse include:
• Organize your debt. A prenuptial agreement allows for you to assign debt such as credit card bills, student loans, or mortgages so both of you don’t have to share in debt liability.
• Reduce conflicts if a divorce occurs.
• Protect each of your separate properties by documenting the properties.
• Document, in detail, any special agreements between you and your future spouse.
• Establish procedures to take if certain issues arise within the marriage, this way you both can be on the same page.
• Support your estate plan and avoid the court having to decide how your property will be distributed.
• Distinguish between what is marital property and community property.
• Avoid going through extended court proceedings and paying more expensive divorce lawyer bills.
Prenuptial agreements can do some good for a marriage, however, some people believe merely bringing up the notion of getting a prenuptial agreement can cause an argument or turmoil in their relationships. Here are some reasons that a prenuptial agreement may not be right for you and your future spouse.
Reasons a Prenuptial Agreement May Not Be Right for You
• Prenuptial agreements are not romantic. You know your relationship better than anyone. If bringing up the notion of getting a prenuptial agreement, which also brings up the possibility of getting a divorce before you are even married, is going to cause turmoil in your relationship, then a prenuptial agreement may not be the best thing for you and your future spouse.
• There may already be state laws that cover the particular issues you are trying to cover within your prenuptial agreement. If that is the case, then getting a prenuptial agreement may not be worth the time or effort for you.
• The timing could present an issue. The time right before you get married is meant to be a time of bliss and love. It also may be too early for you both to even know what issues to address in a prenuptial agreement. In this case, getting a prenuptial agreement may not be the best decision for you. If issues do arise after you get married, you could always opt for what is referred to as a “postnup,” but be sure to consult with an experienced attorney in Camden County first, because postnups have different legalities than prenups.
• A prenuptial agreement cannot settle child custody disputes. The court rules in the best interest of the child when it comes to child custody. If you were hoping to cover that in a prenuptial agreement, then a “prenup” is not for you.
• Prenuptial agreements are not meant for personal disagreements such as, where to spend the holidays or who will take out the trash. Prenuptial agreements are meant to address financial issues instead of private domestic matters. If you were hoping to settle private domestic matters in a prenuptial agreement, then getting a prenuptial agreement may not be for you.
Struggling to Decide if Getting a Prenuptial Agreement is the Best Thing for You?
Bring in a trusted third party to help you settle this dispute. Deputy and Mizell knows that this decision should not be taken lightly and we can provide the legal knowledge you may need to make this decision. Whether getting a prenuptial agreement is or isn’t the best thing for you and your future spouse, we are here to answer any questions you may have. Schedule your free consultation by calling one of our offices listed below.
Contact Deputy & Mizell, LLC to schedule your private (FREE) consultation today.
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