Prenuptial Agreement Lawyers/Attorneys
A prenuptial agreement is a legal, binding agreement that two people, who are to be married, sign in order to protect their property in the event the marriage ends.
The following are reasons you may want to consider a prenuptial agreement:
- You have assets like a home, stocks or retirement fund
- You own all or part of a business
- You might receive an inheritance
- You have children or grandchildren from a previous marriage
- One of you will be helping the other through college or grad school
- You anticipate a large increase in income
The attorneys at Rhoades Cunningham & McFadden have years of experience with prenuptial agreements. We have worked with clients that require a simple agreement and clients that need a more sophisticated and complex agreement. We will help protect your assets in the event of divorce and tailor a contract to your needs.
To create a legal binding prenuptial agreement the following general principles should be adhered to:
- Both parties should fully disclose all assets. If either person has hidden something material the prenuptial agreement can be held invalid.
- The agreement should be signed as early as possible to avoid any potential claims of duress or pressure to sign by one spouse.
- The prenuptial agreement must be fair. This means one party will not be left destitute, or appear to be taken advantage of.
- Prenuptial agreements do not allow you to waive rights to child support payments.
If you are considering a prenuptial agreement call Rhoades Cunningham & McFadden today and we will help you prepare a prenuptial agreement that controls how your assets will be divided in the event of a divorce.
Postnuptial Agreement
It is also possible to enter into an agreement after your marriage, provided both parties are willing to do so. These agreements are commonly referred to as a postnuptial agreement.
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