Prenuptial Agreements: A Divorce Lawyer's Opinion

Prenuptial agreements (prenups), once thought to be a bad sign for a pending marriage, can actually strengthen your marriage now and save you grief and money later if things don’t work out. Start your marriage with a clear understanding of expectations and commitment beyond your vows.

Work out your issues now, before you marry.

Depending on what statistics you read or believe, divorce rates can be anywhere between 50% and 80%. Very few of these couples have prenuptial agreements in place. In our practice, we know how complicated, costly, time-consuming and emotionally draining a divorce action can be. By the time the couple has decided to bring their issues to the family court, emotions are likely to be high and acrimonious. It’s not the best time to try to negotiation a mutually fair, reasonable and agreeable agreement.

The Strength in Prenuptial Agreements

Where the parties have entered into prenups before marriage, should the relationship end in divorce, both parties are able to end their relationship relatively smoothly and not have to fight over every possible issue, since they have already worked these out before their marriage. In this sense, both parties are able to move on with their lives after the relationship has ended, compared to being bogged down with expensive and time-consuming litigation, fighting over everything from support to who keeps the household items (which usually aren’t worth the fees to fight over). Rather than being a sign of distrust, prenuptial agreements are actually the more sensible approach for couples to consider before marriage.

Most people enter into relationships not thinking of it ending in divorce and never even consider the value of prenuptial agreements. We’ve litigated hundreds of cases without prenuptial agreements and always advise our client that, next time, if they choose to remarry consider a prenuptial agreement! We’ve drafted hundreds of prenuptial agreements for our various clients. Every client’s case is different and no single prenuptial agreement can effectively serve as a one-size-fits-all prenuptial agreement for every client. That having been said, however, we pride ourselves at being able to creatively and efficiently draft effective prenuptial agreements that will hold up in court should your marriage end in divorce.

Covering All The Bases with Prenuptial Agreements

Our prenuptial agreements can be used to cover every matter permitted by law, including property division, ownership of life insurance, child support, spousal support (the amount and whether either party should be receiving spousal support at all), what court a divorce action can be filed in and what state’s law should govern. We will make sure your prenuptial agreement meets all the requirements to be upheld against any subsequent challenge in a court of law.

• Please Contact Us today for a consultation regarding prenuptial agreements.