A prenuptial agreement is a legally binding document that is prepared before a marriage takes place. When setting up a prenup, both parties agree on how financial and property matters will be handled if they divorce. Common components of a prenuptial agreement include deciding what property will be considered separate or joint property and whether alimony will be a factor.
Whether you already have a prenup in place that you want to ensure gets enforced or you’re trying to be proactive in protecting your assets, our law firm can help. Call our office today to schedule your consultation.
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’s important for each party to have their own dedicated legal representation to ensure that they are focused on their rights and interests. The attorneys for both sides will work together to ensure that an agreement is drafted that lays out all of the decisions.
How Are Prenuptial Agreements Enforced?
If a prenuptial agreement exists, it will be provided to the family courts during the divorce process. Generally, the party petitioning for the divorce will include that they are asking for the prenuptial agreement to be enforced as part of their filing. In some cases, one party may feel that the prenuptial agreement should not be enforced. It is possible to present this case to the courts, but it’s important to be aware that prenuptial agreements are legally binding and are very rarely not enforced as long as everything was completed and signed correctly and in accordance with the law.
Can a Prenuptial Agreement Be Modified?
It’s very common for financial situations to change from the start of the marriage as time passes, and in this case, you may be wondering if it’s possible to modify a prenuptial agreement. The answer is yes! As long as both parties are in agreement on the modification, it’s as simple 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. It still may be possible to ask the courts not to enforce it in the divorce process, but again, this is very rarely granted.
When you are dealing with a prenuptial agreement, you need an experienced family law attorney who can walk you through the process and how a prenup is handled legally in a divorce. To start learning more about your options and next steps, call our office today at 651-571-8547.