If you are engaged, one of the items on your checklist should be to determine whether or not you should enter into a pre-marital or prenuptial agreement with your future spouse. A pre-marital or prenuptial agreement is an agreement regarding the disposition of the parties’ real and personal property prior to marriage. These agreements must be in writing and signed voluntarily by both parties.
It may be difficult to believe that you and your future spouse may fall out of favor with each other. Recognizing this, the attorneys at The Carlberg Law Firm will discuss with you whether or not a pre-marital agreement or prenuptial agreement is in your best interests given your personal situation.
The main goal of pre-marital or prenuptial agreements is to decrease the potential for conflict and financial stresses in the event of a divorce. The attorneys at The Carlberg Law Firm are experienced in negotiating and drafting a fair pre-marital or prenuptial agreement. If you have been given a proposed pre-marital or prenuptial agreement by your future spouse and are concerned about protecting your rights and interests, you should have an attorney review the agreement with you. Doing so not only ensures that you understand the agreement, but also ensures that you are aware of whether or not revisions to the agreement are needed prior to you signing the agreement.
The topics the parties may include in any agreement include, but are not limited to:
- Personal and/or real property rights of each party;
- The disposition of personal and/or real property based upon conditions defined by both parties, or upon separation, divorce, or death; and
- The determination of whether a party may receive spousal support or alimony, and if so, the amount and duration of said support.
Parties should be aware that any matters that may violate public policy or require a party to commit a crime are not permitted to be included in pre-marital or prenuptial agreements.
Our attorneys will relentlessly advocate on your behalf in order to ensure your rights and interests are protected during this process, while also recognizing that this is a joyous and happy time in your life.