Prenuptial agreements can provide predictability and stability to engaged couples who wish to prepare for a potential divorce or separation, and who wish to avoid litigating these matters in the future in the event of a marital breakdown. The primary goal of a prenup is to settle financial matters prior to getting married in the event that the marriage ends in divorce or upon the death of one of the spouses. In this way, prenuptial contracts can be used for financial planning between engaged couples.

It is important for your prenuptial agreement to be reviewed by experienced legal counsel who can help you understand your legal rights and options. You are encouraged to contact a Montgomery County prenuptial agreements lawyer for more information on whether this type of spousal contract is right for you. One of our skilled marital agreements attorneys can assist you with drafting a legally binding contract and work productively with the other party.

Important Terms to Include

Marrying couples can use prenuptial agreements to minimize conflict in the event of a divorce or separation by planning how their financial and material assets would be divided. For example, premarital contracts in Montgomery County often include terms on property rights, alimony, retirement savings, shared bank accounts, and any other matter that could become disputed in divorce proceedings.

Specifically, an engaged couple should enlist the help of a lawyer to address the following elements in a valid prenuptial agreement:

  • How they want their assets and debts divided in the event of a divorce
  • Either party’s ability to buy, sell, or otherwise control property during the course of the marriage
  • Whether one of the spouses will receive alimony in the event of separation or divorce – and if so, how much and for how long
  • Whether any retirement accounts should be kept separate or counted as marital property
  • The distribution of any life insurance policy
  • Whether either party is going to exclude valid non-marital property from marital property during divorce
  • How the marital home (if any) will be handled in the event of a divorce.

However, it is important to note that child custody and child support cannot be decided via a prenup. Receiving financial support from their parents is a child’s right that cannot be negotiated away, and custody is decided by a judge on a case-by-case basis in the child’s best interests.

Enforcing a Prenup

To be valid, a prenuptial agreement must be submitted in writing and signed by both spouses. Additionally, it is essential for both spouses to fully disclose their debts and assets.

Either spouse or the court may challenge the enforceability of a premarital contract if they believe any of the following are present:

  • Fraud
  • Coercion
  • Duress
  • Incomplete information
  • Unconscionability

The best way to ensure a prenuptial agreement’s enforceability and your specific rights is to have it drafted and reviewed by a Montgomery County lawyer. In many cases, both spouses should be individually represented by legal counsel.

Contact Montgomery County Prenuptial Agreements Attorney Today

If you are getting married, you should consider signing a premarital agreement with your spouse. This kind of marital contract can help you plan your future in case of divorce or separation.

Let one of our team members help you protect your rights and foster greater trust with your spouse. Get in touch with a Montgomery County prenuptial agreements lawyer to learn whether entering into such a contract makes sense for you and your partner.