Before a couple gets married, they may want to draft an agreement detailing what will happen to their assets, debts, and financial obligations in the event of a divorce. These agreements are commonly known as prenuptial agreements or “prenups.” Contrary to popular belief, a prenuptial agreement does not mean that the parties are not committed to each other.
Rather, prenuptial agreements serve as a couple’s contingency plan in the event of divorce. If you are planning to get married soon, reach out to a Rochester prenuptial agreements lawyer at Kohlmeyer Hagen Law Office, Chtd. to discuss whether a prenup will be helpful for you.
A prenuptial agreement is simply a contract between a married couple. Like any other contract, a prenuptial agreement needs to meet certain legal requirements to be considered valid. Before signing or executing a prenuptial contract, you should consult a Rochester prenup agreement attorney to review it to ensure the contract is fair and protects your interests.
Although specific rules must be followed for valid execution, a contract or prenuptial agreement does not have to be a long, formal document. Your prenuptial agreement can be as straightforward as stating, “[Spouse 1] will receive [a specified amount of money in alimony] if divorced from [Spouse 2].”
A prenuptial agreement aims to create a plan in case a couple divorces. Prenuptial agreements can address some of the disputed issues that often arise during a divorce. These issues include:
Many of the disputed issues in a divorce involve the division of property. Both parties work with their lawyers to fairly divide community/shared property (homes, businesses, retirement accounts, etc.) and determine what is considered separate property, which is not subject to division upon divorce.
This process can be expensive and time-consuming. Creating a solid prenuptial agreement could save you and your partner time and money in the future.
A prenuptial agreements lawyer in Rochester can help create a legally sound, fair prenuptial agreement that protects your best interests.
While a prenuptial agreement can address various matters, it does not include child support and custody terms. This means that any plans for your current or future children cannot be addressed in a prenuptial agreement.
This is because these topics are fact-specific. When a judge determines a child custody order, it must align with the child’s best interests, which can vary based on factors such as age, each parent’s income and health, and their living situations.
For child support determinations, it depends on each parent’s income, the primary caretaker’s contributions, and the child’s overall quality of life. The circumstances that support a stable and loving life for a child are too variable to establish legal agreements for these circumstances in advance.
If you have children or plan to have children with your future spouse, a Rochester prenuptial marital agreements lawyer can help you explore other options to ensure these matters are properly addressed.
Establishing a prenuptial agreement does not mean you are planning for the end of your relationship. A Rochester prenuptial agreements lawyer can help you create a fair agreement that protects both parties’ interests, giving you peace of mind.
Get in touch with the legal team at Kohlmeyer Hagen Law Office, Chtd. to discuss drafting a prenuptial agreement.
