Why would you need a pre-nup agreement? Marriage is forever, right? That’s the plan. However, if you have any pre-marital assets, you may want to consider how to protect them just in case the unexpected happens. In general, no one gets married and plans to file for divorce, but sometimes life just follows a different course. A prenuptial agreement is like insurance. You need homeowner’s insurance and car insurance, many people have life insurance. Don’t you want to insure your pre-marital assets?
If the answer is yes, you need a prenuptial agreement. If you are currently asking yourself what a pre-marital asset is, it’s an asset that you own prior to the date of your marriage. For some people, it may be a retirement account, or a pension. For others, it may be substantial bank accounts, or maybe property. Even if you have not acquired many (or any) premarital assets, you may want to outline a way that you and your future spouse will divide or allocate funds. You may even want to assign responsibility for pre-marital debts. Another benefit to having a prenuptial agreement is that it gives you and your future spouse an avenue to share all of your financial information and know that you are entering your marriage fully informed of the other’s financial situation.
What if you are already married and didn’t execute a prenuptial agreement? You also have the option of a postnuptial agreement, which would function similarly as a prenuptial agreement, but would be based on the assets you and your spouse each (or jointly) own at the time of drafting.
If you would like more information on prenuptial agreements, and how one may be of benefit to you, please contact us or call our office at 203.745.3151.