When people start their lives together, it is hard to consider a future where they are not married. Many ignore the reality of divorce. When over 50% of marriages end in divorce, more people should consider drafting prenuptial agreements in order to protect themselves. When a marriage ends, they often address the same relevant issues. Though often overlooked, people avoid the topic of drafting a prenuptial agreement because they believe that it starts the relationship out on the wrong foot. This is not the case. Most people will draft prenuptial agreements in order to take the money out of the equation and focus on what is important.
Prenuptial agreements are binding contracts drafted and implemented before a couple exchanges vows. The document will detail what happens in the case of divorce, separation, or death. Nothing related to the children can be included in the agreement. The court has an obligation to act in the best interests of the children and prenuptial agreements do not allow for that. A valid prenuptial agreement must be in writing, must be voluntary, include a full disclosure at the time of execution, be fair and just, and be notarized.
Why should I use a prenuptial agreement?
Prenuptial agreements are prepared to address a variety of issues. They can protect separate property and establish what happens if the marriage ends. They can also include issues related to inheritance and the appreciation of property during the marriage. Prenuptial agreements can also detail fidelity, alimony, and real estate clauses. Though a prenuptial agreement does not allow a couple to decide child custody matters in advance, many people are moving to include their pets in their agreements. Pets have become part of the family for most people and it can be heartbreaking to lose a pet when a relationship comes to an end. Including a pet in your agreement can help you have one less thing to worry about in the event that the relationship does not work out.
Contact our Firm
If you are planning for your future and wish to speak with an experienced attorney about prenuptial agreements, contact Townsend, Tomaio & Newmark LLC., today.