Is a Prenuptial Agreement Right for You?

January 12, 2011

In the excitement leading up to a wedding, thoughts and concerns usually revolve around sending invitations to guests, booking a caterer and disc jockey for the reception, getting fit for the dress or the tux, and the countless other details that go into making the wedding day special. Most, however, don't think about or don't want to think about the "what ifs" of marriage, including the possibility that the marriage could end in divorce.

Even though going into the wedding a couple may not want to think about or plan for a divorce, it may be in the best interests of the couple to consider and draft a prenuptial agreement (prenup) should that eventuality occur. A prenup is a contractual agreement between the soon-to-be spouses that considers what will be done with the financial elements of the marriage. Deciding whether or not a prenup is right for a particular couple is a personal decision, but there are a number of considerations to think about when deciding whether or not to draft a prenup.

When a Prenup May be Beneficial

A prenup may be helpful in a number of situations, but generally it is used to protect a spouse's assets or children from a prior marriage should the marriage end in divorce or because of the death of one spouse. A prenup may be a beneficial for a variety of reasons, including:
- One partner is substantially more wealthy than the other partner
- One or both partners have an ownership interests in a business
- One or both spouses have children from a previous marriage
- One partner has a substantial amount of debt

What a Prenup May Cover

Prenups are versatile documents that can cover a wide range of topics, including:
- Protecting each spouse from debt
- Determining which spouse will get which property
- Ensuring that children, including children from a previous relationship, receive certain property like family heirlooms
- Determining how retirement benefits will be distributed
- How taxes will be filed, separately or jointly
- How family bills will be paid

A prenup can also be used to determine how any disagreement about property during a divorce will be handled -- for instance, parties may decide to use arbitration or mediation to settle disputes.

It is important to remember that even if you decide to forgo a prenup your property will be divided in the event of a divorce, just not by you, but by a judge. A prenup can help you keep control over the division of your property and not leave the decisions to a third party.

If you have questions about a prenuptial agreement or would like to discuss if you could benefit from one, contact an experienced attorney in your area. A family law attorney can help you draft an agreement that is beneficial for both you and your spouse.

Article provided by Law Offices of Korol & Velen
Visit us at www.korolandvelen.com