PRENUPTIAL & POSTNUPTIAL AGREEMENTS

The thought of the marriage ending even before it has begun is not a very exciting thought, but there are other things at stake, aside from your feelings and emotions, when it indeed does. Nowadays, having prenuptial and postnuptial agreements can mean a world of difference of saving yourself from the long and messy battles of asset divisions should the marriage dissolve.

Prenuptial Agreement
A prenuptial agreement is a contract agreed and signed by soon-to-be-newlyweds indicating how their assets are to be divided should the marriage fail. The contents of these agreements can vary from one to the other, but they usually indicate the arrangements for spousal support and division of property should the marriage end. The prenuptial agreement help couples in the long run of simplifying their asset distribution, most especially if one partner has more assets over the other, and save themselves from the costly court proceedings.

Postnuptial Agreement
Once the couple has been declared as husband and wife before the law, they can now draw a postnuptial agreement. The postnuptial agreement may have similar or different contents from their previously drawn prenuptial agreement, but the contract generally determines how spousal support and asset division are arranged in the event that the marriage should fail.

While it may be true that contemplating the division of finances, support and assets before and right after the marriage is unromantic, modern day couples have now become open to the idea of protecting their individual assets and hard-earned money from the dissolution of marriage. When regarded as a simple form of planning their individual financial security, prenuptial and postnuptial agreements can become some of the most valuable documents that a couple will ever sign in their entire lives.

Help From the Expert
Although the couple entering a marriage has most freedom of what will be contained in the prenuptial and postnuptial agreements, seeking the help of legal expert will make the contract fair, honest and valid. This means that the couple, prior to signing the contract, have disclosed to one another and at the presence of their legal representative the breadth of their assets. It is only through this process that the agreement is deemed to be fair.

Another thing to take note of while you’re considering the idea of drafting these documents is that they should be fully documented. You and your partner may verbally agree to the division of your assets, but verbal agreement does not make the contract legal and binding. The agreement should be fully documented in writing so that each partner knows what to expect from one another.

Our experienced lawyers at Rauseo Law Firm believe in your right to protect your assets and hard earned money. Thus, we are here to help you draw prenuptial and postnuptial agreements that are fair for both parties; review an existing agreement and point out its weaknesses; and witness the signing of the agreement. Our attorneys can help you draft and finalize these contracts so that they are valid to execute in the future.