Protect Assets And Prevent Future Legal Troubles With A Prenup Or Postnup
Two common questions about prenuptial and postnuptial agreements are:
- Isn’t getting a prenup or postnup like predicting divorce – possibly a bad omen before a wedding?
- Why hire a lawyer to create a prenup or postnup when there are many do-it-yourself (DIY) forms available on the internet?
If these questions occur to you, it’s a good sign that a prenup or postnup may be appropriate for you and that it is time to get advice from a knowledgeable family law attorney. Short answers are as follows:
- A prenup or postnup does not demonstrate a lack of trust in one’s fiance(e) or spouse but rather respect, transparency and good business judgment.
- A DIY form deals in basics and generalities; it does not warn you about specific points to watch out for appropriate to your unique circumstances.
At Susan Levy Eisenberg, P.C., clients can get personalized answers to more such questions along with customized preparation of such documents, correctly formalized.
Why Consider Getting A Prenup Or Postnup?
For many thoughtful engaged and married couples, prenups and postnups are something like insurance against financial conflicts that could lead to marital strife and, possibly, divorce. These couples realize that life can introduce unexpected, unpleasant surprises. Preparation for contingencies may be a valuable financial topic for premarital counseling.
Many people’s reasons for seeking legal advice about prenups and postnups include the following:
- Protection of a family business
- Protection of assets owned jointly with other family members (such as a vacation property)
- Protection of assets intended for children of a first marriage
- Avoidance of the potential expense of property division based on realistic awareness from a previous divorce
- Mutual protection between spouses from each other’s debts and other liabilities
Like a will, a prenuptial or postnuptial agreement is by definition highly personal and fact-specific. To derive the benefit of such a document, you need one that is tailored to your values and circumstances. A DIY form from the internet is no substitute for quality, customized legal counsel.
Explore Options And Devise A Plan Of Action
Learn how to broach the topic of a prenup or postnup with your fiance(e) or spouse, how to create an inventory of your assets and how to ensure that the document will be enforceable.