Prenuptial agreements, often abbreviated to prenups, are not often considered when a couple decides to get married. They are not particularly romantic, but a premarital agreement should be considered by a couple as an added security measure as they build a future together. At Wilson-Goodman Law Group, PLLC, our Chandler prenuptial agreements attorneys are ready to get to work drafting your prenup. We will work to understand your priorities and needs to ensure you are taken care of.
A prenuptial agreement outlines the way personal property will be managed during a marriage and in the event of a future divorce. It may also spell out the spouses’ obligations to each other. Prenuptial agreements must be in writing — not verbal contracts. They must be professionally written in legal terms and signed by both parties in a timely manner well before the wedding so neither party can later claim they signed it in duress.
Prenuptial agreements typically address individual ownership, management, and inheritance agreements about the following assets:
Some prenuptial agreements may also protect one or both spouses against debts of the other so that creditors of one spouse cannot attach assets of the other in the event of bankruptcy, death, or disability.
Prenuptial agreements can’t include matters of child custody since the court must address these depending on the circumstances at the time of a divorce.
Marriage is a very personal experience. When you are about to enter into a marriage, you need an attorney with experience in family law to help draft your prenuptial agreement.
Because marriage is a contract, and millennials seem less biased and superstitious about adding practicalities to their contractual and emotional agreements, prenuptial agreements are becoming more popular. A Harris poll shows that many millennials include signing prenuptial agreements as part of their pre-wedding checklists. While only 3% of engaged and newly married couples had prenuptial agreements in 2010, the number now stands at 15% and promises greater increases in the future for Gen Z with 35% of unmarried individuals polled stating that they are likely to sign one in the future.
If you’re worried about protecting assets you’ve earned or inherited prior to your marriage and have considered a prenuptial agreement, now is the time to take the next step toward a protected future — together.
Even though a prenup is not on the front of everyone’s mind when they are considering marriage, it should be. Drafting a prenuptial agreement needs to be precise. The details matter. A family law attorney with extensive experience will understand all aspects of these agreements and work to ensure you are protected. Our prenuptial agreement lawyers will:
Remember, a prenuptial agreement can protect your finances during a marriage, not just after a divorce. In essence, it also protects both parties in marriage from having their personal assets subject to the state’s discretion for division in the event of a divorce. But does the desire for a prenuptial agreement indicate that you aren’t serious about your marriage commitment or that you’re more likely to get a divorce?
According to studies, there is no correlation between having a prenup and a higher likelihood of divorce. Instead, a better predictor of divorce is how both halves of a couple perceive a prenuptial agreement. For instance, if both spouses view a prenuptial agreement as important protection and a means of ensuring greater harmony during a marriage, they are more likely to have a successful marriage. On the other hand, if one partner sees a prenup as protection on the lines of a life insurance policy for the worst-case scenario and the other sees it as their future spouse’s detailed plan for a future divorce, the contentious oppositional viewpoints may be a better predictor of future divorce.
If you need help with a divorce, you can contact our Chandler divorce attorneys.
The main benefit of prenuptial agreements is protection across a wide range of issues that can arise if a marriage is dissolved in the future. This can include protections with:
These agreements can include various other types of protections. When your attorney is drafting a prenup contract between you and your spouse, you can customize the terms according to your particular situation, needs, and goals.
Be aware that Arizona law does not allow issues of child support or child custody to be decided ahead of time. You also cannot include any items that are illegal, unenforceable, or grossly unfair to either spouse. If you are confused about what that may mean, your attorney will be able to guide you.
If you have an existing prenuptial agreement that you wish to modify after a marriage has begun, you can work with our prenuptial agreement lawyers to do so correctly.
Marriage is more than an emotional bond, it’s also a financial merger. It makes perfect sense to protect yourself against the unpredictable future even when you have every intention of making your marriage a success, just as you might buy life insurance even though you intend to live to very old age. A prenuptial agreement is especially important for those entering marriage with children from a previous relationship. Not only does it include property rights and obligations for each spouse, but also the following important safeguards for children:
A prenuptial agreement not only provides peace of mind for yourself, but also for your children from a previous relationship.
Getting a prenuptial agreement is not something that should be frowned upon. These agreements are designed to give both spouses a piece of mind going into a marriage. At Wilson-Goodman Law Group, PLLC, our qualified and experienced team is ready to help you draft your prenup in a way that meets your needs and priorities. When you need a Chandler prenuptial agreements attorney, you can contact us to schedule a one-on-one appointment to discuss your case by clicking here or by calling (480) 503-9217.