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Prenuptial Agreements Archives

Are postnuptial agreements enforceable?

Over the last several decades, courts have begun to expand support for postnuptial agreements, strengthening the legal protections a couple may enjoy if their circumstances change significantly after they are already married. Prenuptial agreements still offer several more protections that postnuptial agreements, but these contracts do offer significantly more protection than they used to, and are often an excellent way to create structure within a marriage or streamline a divorce.

Protecting your marriage with a prenuptial agreement

Marriage can provide many beautiful and worthwhile benefits to spouse's lives, but also presents many conflicts and great potential for destruction. No matter how sure of their relationship two spouses may be, it is never legally advisable to enter into marriage without proper legal protections for both sides. Those who think they do not need a prenuptial agreement may find they are sadly mistaken.

You’re not too young for a prenuptial agreement

As they approach marriage, many young couples begin planning their lives together without considering just how difficult marriages can become. In many cases, a couple may forego a prenuptial agreement that could strengthen or save their marriage because they assume they simply won't ever need it. Of course, just about anyone who is or has been married knows that this is wildly optimistic at best.

Protecting children with a prenuptial agreement

When a person with children chooses to remarry or marry for the first time, it is important to consider the legal tools available to protect these children from future threats to their safety and security. One of the best tools available to parents who intend to marry is a prenuptial agreement that establishes boundaries around certain property and protects the interests of the children coming into the marriage.

Can I dictate child support or custody in a prenuptial agreement?

Prenuptial agreements are a very useful tool when planning your marriage, especially for those with significant assets they wish to protect. However, many couples risk weakening their agreement by including terms that a court is likely to reject, especially when it comes to child-rearing after a divorce.

Does a business owner need a prenuptial agreement?

Regardless of how much you love and trust the person you wish to marry, if you own a business, you should strongly consider creating a prenuptial agreement. In the lead up to a wedding, the excitement of marriage can cloud the judgment of one spouse or the other, leading him or her to think a prenuptial agreement to protect a business is not truly necessary, because the marriage will go the distance.

Approaching the prenuptial agreement conversation

Many times, when a couple decides to get married, one party or another wants to work out a prenuptial agreement but just doesn't know how to approach the issue in conversation. This is a normal concern, and many people have legitimate, if misguided, objections to prenuptial agreements. For partners and fiancees who want a prenuptial agreement while their counterpart has reservations, it is important to understand how to frame a discussion of the issues at hand.

How does a prenuptial agreement affect personal debt?

Being in any relationship is hard work, even in the best of circumstances. However, most of us face many hard lessons or unanticipated roadblocks on the way to a healthy relationship. If you and your future spouse are willing to approach marriage pragmatically, you can save yourselves a great deal of frustration and heartache, which serves to strengthen your marriage for the long haul. This is especially true if one or both spouses carry significant personal debt.

Protecting intellectual property with a prenuptial agreement

Prenuptial agreements are excellent tools if you wish to protect tangible property or well-defined assets as separate property in your marriage. However, they are also very useful ways to protect intellectual property within marriage, which might prove useful to a number of individuals.