Working out the details regarding property division and spousal support before a couple even gets married can seem a bit morbid. However, this is often the best time to do it. When the couple is in love, they are more likely to work together and consider each other’s feelings. When one spouse has property that has been in their family for years, it might be a lot easier for them to keep it after a divorce if the issue is resolved in a prenuptial agreement contract.
During a marriage, individual property can become marital property when certain conditions are met. For example, if one spouse already owns their home prior to the marriage and the couple lives in the house, it could become marital property if joint funds are used for improvements. To protect the spouse who purchased or received the home as an inheritance, a prenuptial agreement should be signed prior to the wedding date.
A couple can add their own terms to the agreement as they feel necessary. Some couples include provisions for custody of minor children or forfeiture of property if the marriage ends due to adultery. An attorney who focuses on family law and has extensive experience in writing a prenuptial agreement contract may be the best person to help the couple decide what to include in their contract. It can be as simple or as complicated as necessary to protect the financial interests of each spouse entering into the contract. The best prenuptial agreements are beneficial to both parties so neither feels like they are giving up anything to enter into the marriage or feels compelled to stay in the marriage because they will lose everything if they leave.
While prenuptial agreements are sometimes thought of as a way to keep one spouse from benefiting financially by marrying a wealthy man and then getting divorced a short time later, they are more commonly used by people with a moderate amount of assets and are not very restrictive. Couples who have them enjoy the security in knowing they will not have to fight each other over property or parenting time with their future children if the marriage ever ends. More information about premarriage contracts can be found at Dsternlieblaw.com.
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