Should I Get a Prenup?
Entering a prenuptial or postnuptial agreement doesn’t necessarily mean spouses are already thinking of divorce. Rather, these agreements are a great way to open communication between spouses and make sure they are on the same page and their assets are protected.
What Are Common Reasons For a Prenup or Postnup?
Common reasons to enter a prenuptial or postnuptial agreement include:
- One or both spouses are high net worth individuals
- One or both spouses are business owners
- One or both spouses have children from previous marriages or relationships
- One spouse has been known to be financially irresponsible
- One spouse has decided to stay home to take care of the home and or children
Whether you are a young individual marrying for the first time or entering a “Gray Marriage,” protecting what you have and agreeing to how to divide your future assets is a necessary source of protection. Turn to our prenuptial and postnuptial lawyers in Rochester to learn more.
What Do Prenup & Postnup Agreements Cover?
Prenuptial and postnuptial agreements are written contracts enforceable by courts as long as they meet certain requirements and are not created under coercion or duress.
Premarital and postnuptial agreements can include provisions about:
- Assets that will remain separate property after the marriage
- Assets that should be considered marital property
- Spousal support/alimony in the event of divorce
- Premarital debt/liabilities that will not become the responsibility of the other spouse
- Inheritance rights of children brought into the marriage from prior relationships
- Marital debts that need to be divided upon divorce
- Assets that need to be passed in the event of the death of either spouse
Child support and child custody cannot be addressed in a premarital agreement. These contracts must be written, signed, and notarized by both parties and must fully disclose all assets and debts. Each party should have his or her own attorney in the matter. Any part of the contract that produces an unfair or unjust financial hardship on either party could render the contract invalid.
Contact The Glennon Law Firm, P.C. to arrange to speak with a Rochester prenuptial and postnuptial agreement lawyers at (585) 294-0303.
