If you and your partner are preparing to get married, you might consider whether you need to enter a prenuptial agreement. Having a conversation about a prenuptial agreement might seem unnecessary or uncomfortable, but it is vital to address any concerns prior to matrimony.
Entering a prenuptial agreement can help reduce the stress associated with divorce in the case that a couple does choose to separate. An Arlington prenuptial agreements lawyer can assist you in creating a prenuptial agreement that protects the interests of both parties. Reach out to a skilled marital agreements attorney today to learn more.
Why Do People Sign Prenuptial Agreements?
Prenuptial agreements can help protect assets and property. In the instance that an individual enters a marriage and wants to ensure that a particular family heirloom stays in their family, a prenuptial agreement can accomplish this.
If an individual who owns a business files for divorce, the court may find that the spouse is entitled to part of that business ownership. When this happens, the divorce can be destructive to that company. The existence of a prenuptial agreement can protect a company in this type of situation.
If a party has children from another marriage or earlier relationship, a prenuptial agreement is a good way to protect those children’s inheritance rights. Another modern reason to enter a prenuptial agreement is to address the concerns of a spouse who may sacrifice their professional life to provide childcare for the couple’s future or current children.
There are many rationales for considering a prenuptial agreement. A well-versed attorney in Arlington can discuss how a prenuptial agreement may be beneficial to a couple given the unique circumstances of their relationship.
How a Prenuptial Agreement Protects Property
A prenuptial agreement can predetermine the division of assets in the event that a marriage fails. This can provide complete control of certain assets to one party. Accounts that the individuals acquired prior to the marriage can remain separate property if the parties wish.
The individuals entering these agreements should be transparent about their finances. Having open conversations can help ensure that both parties feel that the agreement is fair and equitable. Holding negotiations when the parties are on good terms can avoid future hostile conflict in the case that a marriage dissolves.
Anyone with assets that they wish to protect may negotiate with their spouse to keep those assets while forfeiting their claim to other particular property. It will be essential to speak to a practiced attorney in Arlington about drafing prenuptial agreements in a way that benefits both parties.
Prenuptial Agreements and Alimony
Money that a higher-earning spouse pays to the other during or after a divorce is known as alimony or spousal support. The law has requirements regarding when someone can recover alimony. Factors that contribute to an individual’s ability to receive alimony may include the length of the marriage, the receiving spouse’s ability to support themselves, the paying spouse’s ability to pay, and the parties’ ages and health. To avoid a lengthy and detailed court evaluation, it can be helpful for individuals to agree on support amounts as a part of a prenuptial agreement.
Spousal support payments may give peace of mind to a spouse who will be staying home with children. An prenuptial agreement can include the amount of support and the amount of time that a spouse may receive support. A seasoned attorney can help draft a prenuptial agreement with inclusions outlining alimony payments based on an Arlington couple’s wishes.
Drafting an Enforceable Document
Prenuptial agreements are legal contracts. There are a number of factors that, if they contributed to the creation of a prenuptial agreement, would render the contract void under the law. These factors include:
- Undue Influence
- Extreme unfairness
It is also mandatory that the parties memorialize the document in writing, and that both sign the agreement. Couples intending to draft a prenuptial agreement that is enforceable under the law should reach out to a credible Arlington attorney to ensure that the contract is properly constructed.
Consult with an Arlington Prenuptial Agreements Lawyer Today
Anyone entering into a marriage should consider discussing the potential for a prenuptial agreement. These documents can help protect you and your family in a manner that is fair and equitable to both spouses.
An Arlington prenuptial agreements lawyer can walk you through your legal options. Reach out today to learn more about what a qualified legal professional can do for you.