The word “prenup” has become a derogatory term in modern society. Often, people refer to a prenup as a document that rich and famous couples sign to protect their financial interests during a divorce.
However, working with your fiancé(e) to draft a thorough and legally enforceable prenuptial contract may strengthen your relationship in many ways. In some cases, a premarital agreement could allow you to address and resolve conflicts long before they affect your marriage.
If you have questions about whether creating a premarital contract is wise for you and your soon-to-be spouse, a Columbia prenuptial agreements lawyer could provide the information and clarity you might need. If you decide to draft documents to protect your assets, a seasoned family attorney will guide you through the process and ensure that it follows the proper guidelines to hold up in court.
Making Sure a Prenup Is Enforceable
The basic requirements for a legally valid prenuptial agreement are straightforward. First, a contract must be written, signed by both participating parties, and created without any “undue influence” from either party. In other words, if both prospective spouses agree to make the document and participate in the drafting process in good faith, the agreement will be enforced by a court.
It is crucial for both parties to fully disclose all their assets, liabilities, and financial interests to each other in as much detail as possible early in the drafting process. Any failure to do so could lead to the resulting contract being declared invalid in court. It can also be helpful to specify within the document which state’s laws will be applied if the agreement ever needs to be reinforced and for each party to retain their own Columbia prenuptial agreements attorney who could advocate for their own interests.
What Can Prenuptial Contracts Address?
The primary focus of most prenuptial agreements is establishing which marital assets, financial instruments, and liabilities each spouse will maintain personal ownership of if they choose to divorce. Depending on the circumstances, this could entail instructions about how to split jointly held bank accounts. An agreement may also include details about giving a person ownership of certain items or liquidating them and sharing the proceeds, or information about who will maintain residency within the marital home.
Additionally, a premarital agreement can address how financial affairs are managed in the event of one party’s premature death, whether each party will be expected to maintain life insurance, and if either party waives their right to seek alimony from the other following a divorce.
However, these agreements cannot include legally binding instructions for how two parents share child custody or support obligations. Any such preference included in the contract would still be subject to court approval.
A seasoned lawyer in Columbia could ensure that a premarital agreement includes detailed information to refer to in the event of a divorce.
Speak with a Columbia Prenuptial Agreements Attorney Today
Writing a comprehensive prenuptial agreement can be challenging, but it can also be key to preserving your marriage and sanity in the long term. Whatever course of action is right for you, speaking with legal counsel about your options regarding contracts like this is a proactive first step.
A hardworking Columbia prenuptial agreements lawyer could discuss your unique circumstances in detail during a private consultation. Call today to schedule a meeting.