If you are about to get married and are considering a prenuptial agreement, the following information can help steer you in the right direction.
Most people are aware of the concept of prenuptial agreements, but they are often mistaken as to what exactly that means. By definition, a "prenup" is is a contract between prospective spouses made in contemplation of marriage. Generally, they control the division of property, such as land, buildings, retirement accounts, and automobiles.
The negative connotations of a prenuptial agreement often refer to those who think one spouse is solely trying to protect their assets from the other in a potential divorce, but there are many more reasons to make this kind of agreement. Some of those situations include, but are not limited to:
one or both spouses bring significant debt into the marriage
one or both spouses plan to bring property into the marriage
large income disparity between the two spouses
one or both spouses are remarrying or have children
one or both spouses want to secure their estates
Key information that may not be publicly known regarding prenuptial agreements can be provided by a family lawyer, especially in terms of crafting the written agreement. Going into a marriage without the correct guidance or understanding of legal contracts is unwise, and there are even a number of factors that could make your prenuptial agreement unenforceable.
Some of these factors include:
One spouse not signing the agreement voluntarily
An agreement being so grossly unfair or one-sided that it would not be in one party's best interest to sign such an agreement
Failure to provide reasonable disclosure of financial assets or property
One spouse not having adequate knowledge of the other spouse's financial obligations or property interests
If you feel like any of the aforementioned information may apply to you or you want to know more about how to obtain a prenuptial agreement, consulting a family lawyer is in your best interest.