With all the positive emotions leading up to Marriage or a Domestic Partnership, the notion of a Prenuptial Agreement can be an incredibly delicate and uncomfortable topic to discuss. After all, no one wants to think about something with such a negative connotation as divorce at what is supposed to be one of the happiest moments in life. However, a Prenuptial Agreement is a smart, practical move intended to provide a guide and road map in the event a marriage does not work out, regardless of the reason.
I understand that drafting a Prenuptial Agreement can be a difficult and emotional experience for people getting ready for marriage. When negotiating a Prenuptial Agreement, you are trying to balance the hopeful, joyous emotions associated with a meaningful and long-lasting intimate relationship while simultaneously contemplating how assets and liabilities will be divided in the case of divorce. That’s why it’s important to identify:
- the property brought into the marriage/domestic partnership
- how income and assets acquired during the marriage/domestic partnership will be characterized
- potential spousal support obligations at the time of a divorce
I can help you navigate these priorities, allowing you more certainty as you embark on your journey toward wedded bliss.
My team at the Law Office of Rebecca M. Medina has a wealth of experience for competently and thoroughly addressing complex financial issues including business and corporate interests, pensions and retirement plans, stock portfolios, and real property. We offer knowledgeable and thorough advice to clients who wish to negotiate a Premarital Agreement. Our expertise in these complex financial matters ensures that we will diligently verify both parties’ assets and debts and draft agreements that best protect our clients’ rights and interests.
WHAT IS A PRENUPTIAL AGREEMENT?
A Prenuptial Agreement protects each spouse’s financial assets and property in the event of a Legal Separation or Divorce. Prenuptial Agreements assure that the division of property is predetermined in order to avoid ligation between the spouses.
I want to assure you that by signing a Prenuptial Agreement, you are not signing away your hopes of a happy marriage. Many couples fail to draft these agreements because they wholeheartedly believe that they will not divorce in the future. And that’s a perfectly normal, understandable belief. After all, most people wouldn’t enter into a marriage unless they thought it would last forever. However, it’s important to remember that a prenup is not a guarantee for a divorce.
WHAT TO CONSIDER WHEN DRAFTING A PRENUPTIAL AGREEMENT
To make a Prenuptial Agreement, it is important to meet with an experienced attorney who will sit down with you and walk you through the drafting process, asking questions about:
- You and your partner’s liabilities, property, and assets
- Important issues regarding your finances and the marriage
- Your goals for the future
It’s also important that you and your partner are open and honest in your prenuptial discussions. After considering the details of your specific situation, your attorney will then draft an agreement that will suit both your needs, which is subject to your final review.
IS A PRENUP RIGHT FOR YOU?
Prenuptial Agreements may not work for you and your future spouse. You may have reservations about the process and what it means. In these cases, it is important to have a discussion with your partner and an experienced attorney to determine if a prenup is the best option for your specific situation.
SOME ADVANTAGES OF PRENUPTIAL AGREEMENTS INCLUDE:
- You can confront sensitive financial matters
- You can protect your personal and business assets prior to marriage
- You can eliminate battles over finances and assets during divorce
- You can preserve family ties and inheritance
- You can outline financial expectations prior to marriage
SOME POTENTIAL DISADVANTAGES OF PRENUPTIAL AGREEMENTS INCLUDE:
- They can cause friction and tension between you and your partner
- They can seem like a lack of commitment
- They can imply a lack of trust
SPEAK WITH AN ATTORNEY
Before deciding whether to implement a Prenuptial Agreement, I urge you to speak with your partner to determine if the agreement would be right for both of you. After you reach a decision, it is imperative that you contact a lawyer with experience in prenuptial agreements.
The Law Office of Rebecca M. Medina will work closely with you to understand your circumstances, to explain your options, and to collect and examine essential information to ensure that a prenuptial agreement is reflective of both parties’ wishes. My team and I will guide you through the process and work to help you achieve your objectives.
Considering a Prenuptial Agreement? Let’s discuss your case.