A prenuptial agreement, also known as a prenup or a premarital agreement, details what should happen to all assets, debts, and more if a marriage should end in divorce. It has been said that more and more couples are filing prenuptial agreements, even if they don’t have considerable resources at the time of their marriage. If you and your spouse decide to file a prenuptial agreement, you may need not one, but two experienced attorneys, one for each of you. Here are just a few reasons why hiring attorneys may be a good idea when filing a prenuptial agreement.
Why You Need a Lawyer for Prenuptial Agreements
- Creating a Prenup that will Pass the Test of Time
Prenuptial agreements are closely examined by courts, and it is important that both you and your fiancé have your interests adequately represented if you choose to have a prenuptial agreement. Hiring an attorney will help insure that your interests have been represented, and also that you fully understand what you are agreeing to in the prenup. Having one attorney represent both fiancés may mean that one or the other fiancé feels pressured to accept certain aspects of the agreement, or perhaps doesn’t understand precisely what the prenup says.
- State Statues
Marriage contract laws vary widely from state to state, and learning the nuances of these statues can be difficult and time-consuming. Hiring an attorney with experience in the laws governing marriage contracts in different states will not only save you time researching, but will protect you from contests against your prenup down the road.
Know What You Want
Before you hire a lawyer, you and your future spouse should agree to the terms of your prenuptial agreement, and you should even get these terms in writing. Providing your attorneys with these details prior to drawing up the agreement will ensure that all areas of concern have been addressed, and that you spend less time and money on your prenup.
Getting Help
If you decide you want a prenuptial agreement, and you decide an attorney will best meet your needs, do your homework! Research experienced matrimonial attorneys in your area, asking them specific questions like:
- How long they have been in practice?
- How many prenuptial agreements have the drawn up in their career?
- How many prenups have they drawn up that actually were brought to court, and did the prenups hold up under close scrutiny?
- Without infringing on their other client’s privacy, do they have satisfied customers who would be willing to speak to you?
With the right lawyer, you can make sure you protect yourself when entering into marriage and that you get your marriage started off on the right foot.
