If you are planning a wedding, chances are that divorce is one of the last things you and your spouse-to-be want to talk about. However, a prenuptial agreement can help open an important conversation about money and can help ensure fairness in case of a divorce.
Reasons to Have a Prenup
Prenups are not just for celebrities and other wealthy people. A prenup can help prevent you from being saddled with your spouse’s debts if you divorce. If you own a business, you may want a prenup so your spouse cannot claim a portion of the business in a divorce. If you are entering a marriage with other significant assets, you may want a prenup in order to keep those assets. If the marriage has already occurred, an attorney, such as one at Carmody MacDonald, may be able to help create a postnuptial agreement.
What To Do
In creating a prenuptial agreement, you must both be completely honest about your assets and debts. You should approach the prenup as an opportunity to make sure each of you is taken care of in case of a divorce. The conversation about property division can be conducted in an atmosphere of loving generosity instead of during the heated emotional state caused by divorce. If the prenup is obviously unfair to one person, it may not be honored by a judge.
What To Avoid
Both parties must have adequate legal counsel, and the prenup should be completed well before the wedding. If either of these is not true, a court might see it as evidence that one person was coerced into signing the document. Prenups cannot be used to make arrangements for child custody or support. Family lawyers in Bel-Nor Missouri may be able to assist in creating a valid prenuptial agreement.
The discussion about prenuptial agreements can be a difficult one. However, it can also ultimately be a loving one that aims to protect both people if a divorce comes to pass.