Prenuptial Agreements
Helping couples align their expectations for their futures by writing clear, transparent agreements.
What is a Prenuptial Agreement?
A prenuptial agreement, or “prenup,” is a legally binding contract created by a couple before they marry to outline the division of assets, debts, and financial responsibilities should the marriage end in divorce or death. A prenuptial agreement often creates a different outcome than if the law were applied to the case during a divorce proceeding.
The Prenuptial Agreements Process
Benefits of a Prenuptial Agreement
A prenuptial agreement can offer significant peace of mind by providing clarity on financial matters before a marriage. It allows couples to clearly define the division of property, debt responsibilities, and asset ownership, avoiding potential disputes in the future and/or costly divorce. This transparency fosters open communication about financial matters, a cornerstone of a healthy marriage. Prenups are not only useful for protecting wealth but also for ensuring that one partner’s debts are not unfairly transferred to the other in the event of separation.
Prenups are particularly beneficial for individuals with significant personal or family assets, business ownership, or children from previous relationships. They provide a mechanism to preserve wealth for children or heirs and protect the interests of family-owned businesses or other key assets. By establishing financial terms in advance, couples can reduce stress and uncertainty, should their marriage end unexpectedly.
Additionally, prenuptial agreements can be tailored to meet the unique needs of each couple. They can address specific financial concerns, provide guidance on spousal support, and establish protocols for financial decisions during the marriage. Rather than a symbol of distrust, a prenup can serve as a proactive tool for financial planning and security, promoting transparency and collaboration.
How We Can Help with Prenuptial Agreements
At Align Family Law and Mediation, we offer three different ways to handle a prenuptial agreement:
Traditional Approach:
This is where each party is represented by an attorney. The Align Family Lawyer can draft or review a draft prepared by the other attorney. The attorneys send edits to each other until the draft is acceptable to each client. The Align Family Lawyer will ensure their client thoroughly understands the prenuptial agreement and that it adequately meets the client’s needs and ensure the client is educated on different options to address the client’s requests.
Collaborative Law:
This is where each party hires a Collaboratively trained attorney and the parties and the attorneys meet together to discuss terms and brainstorm solutions. Each party can still receive individual legal advice, but more of the negotiations and meetings are done as a group.
Mediation:
The parties work together with an Align Family Law Mediator to draft the prenuptial agreement, they then meet with an individual attorney that will review the prenuptial agreement with him/her separately and provide any legal advice. The parties will then finalize the agreement and the attorneys will sign off on it.
Regardless of which process, our team takes a compassionate approach, ensuring that needs and goals are thoroughly discussed and represented. We provide expert guidance through every step of the process, from initial discussions to finalizing your prenuptial agreement, fostering an environment where difficult conversations become productive dialogues.
Contact Us
With extensive experience in family law and mediation, we’re adept at crafting agreements that are fair and legally sound. Whether you’re seeking to protect personal assets, establish clear financial expectations, or preserve family wealth, we will work to align your financial interests with your long-term goals.
Helping couples align their expectations for their futures by writing clear, transparent agreements. Our commitment to transparent communication ensures that your prenuptial agreement reflects your unique needs while fostering a strong foundation for your marriage.