Prenuptial considerations: Protecting your wealth before you tie the knot

March 12, 2013

If you are soon to be married, you probably do not anticipate or hope for a divorce in your future. However, you can never be too safe. What if things do not work out? If this is the case, you probably want to ensure that your assets and money are protected.

The truth: marriage is not solely about love. It is much more multifaceted. If you take precautions before you say, "I do," you can ensure that the end of your marriage (if it exists) comes with financial security.

These days, people are marrying later in life. This means individuals are much more established before they tie the knot. You may enter your union with much more money than you expected. If this is the case, you may want to protect it with a prenuptial agreement. A prenuptial agreement is a legal instrument, which allocates how a couple's assets will be divided if they divorce.

Ultimately, there is no fast and loose rule for prenuptial agreements. Many factors depend on the property division laws of your state. Do you live in a community property or equitable distribution state? Regardless of the answer, you should consider having a prenuptial agreement if you fall into any of the following categories:
- There is a significant disparity in wealth among you and your partner
- You will receive a large family inheritance
- You own a business
- Your earning potential is significantly larger than the earning potential of your partner because you are in a lucrative profession (for example, medicine)
- You will fund your future spouse's education
- You have children (or grandchildren) from a previous relationship

I may need a prenuptial agreement. What steps should I take?

Because divorce is not what you intend when you walk down the aisle, it may be difficult to speak about the idea of a prenuptial agreement with your future spouse. If you anticipate an engagement in the future, sit down and discuss the possibility with your partner before the actual commitment. If it is too late, bring up the topic far in advance of the wedding date.

Also, it helps to be honest about what you are bringing into a marriage. Ultimately, the instrument is intended to benefit both parties and help make certain that you and your partner are secure in the event of a divorce.

Most importantly, you should meet with an experienced and knowledgeable family law attorney. A lawyer can help you assess your wealth and assets, making sure that you are financially secure before you take the plunge.

Article provided by Breeden Law
Visit us at www.breedenlaw.com