A prenuptial agreement is a legally binding document that is prepared before a marriage takes place. When setting up a prenuptial agreement, both parties agree on how financial and property matters will be handled in the event of a divorce. Common components include deciding what property will be considered separate or joint, and whether alimony will be a factor.
How Do I Create a Prenuptial Agreement?
To create a prenuptial agreement, you start by meeting with a family law attorney. Even though you are technically creating the document together, it is important for each party to have their own dedicated legal representation to ensure that their individual rights and interests are protected. The attorneys for both sides will work together to ensure that an agreement is drafted that clearly lays out all of the relevant decisions.
How Are Prenuptial Agreements Enforced?
If a prenuptial agreement exists, it will be presented to the family courts during the divorce process. In some cases, one party may argue that the prenuptial agreement should not be enforced. It is important to be aware that prenuptial agreements are legally binding and are very rarely set aside as long as everything was completed and signed correctly and in accordance with the law.
Can a Prenuptial Agreement Be Modified?
Yes — as long as both parties agree on the modification. It is as straightforward as amending the document and having it resigned and notarized. However, if you and your spouse disagree on whether the prenuptial agreement should be modified, there is generally nothing that can be done to compel the modification.
When dealing with a prenuptial agreement, you need an experienced family law attorney who can walk you through the process. Call our office today at 651-571-8547 to learn more about your options and next steps.
This article is for general informational purposes only and does not constitute legal advice. Contact TVA Law Office at 651-571-8547 to discuss your specific situation.
