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Pre-nuptial agreements – sometimes called premarital or prenup agreements – may not be the most romantic wedding prep, but they can offer critical protection for couples headed to the altar. As an experienced family law attorney, I guide many clients through this delicate process. Let’s explore some common questions surrounding prenups so you can decide if one is right for your relationship.

Who can benefit from a pre-nup?

Pre-nups safeguard important assets and interests for numerous couples with financial complexities. Those marrying later in life after acquiring property, those with children from prior relationships to provide for, and couples with substantially disparate incomes or individual assets often find prenups highly useful. They also allow spouses-to-be who want to grow businesses or maintain inherited property to do so without commingling assets. A pre-nup provides security despite uncertainties ahead.

What issues do pre-nups commonly address?

These binding legal agreements typically clearly define what constitutes separate property versus marital property and specify ownership percentages of major assets. Pre-nups also commonly outline spousal support obligations and amounts if divorce occurs down the road. Additionally, they prevent commingling of assets each individual spouse acquired before saying “I do.” Pre-nups frequently address other financial aspects too – inherited assets, real estate investments, stock portfolios, retirement accounts, existing or future debt obligations, life insurance policies and beneficiaries. The contract spells out exactly who gets what.

How enforceable are pre-nup terms?

First, let me put your mind at ease. Courts generally uphold pre-nups as binding contracts barring any glaring defects like coercion or failure to disclose hidden assets. In other words, these agreements are enforced as valid. As long as you both fully disclosed all financial assets upfront and had adequate legal representation, courts will usually enforce a properly executed pre-nup if contested later, finding it to be a voluntary agreement.

What flaws can potentially invalidate a pre-nup?

There are a few grounds that could potentially impact enforceability. These include situations where one party failed to fully disclose all assets before signing, or one spouse lacked their own separate legal representation. Not allowing adequate time for review before the wedding date or any coercion and duress in signing also can invalidate a pre-nup. Additionally, courts may deem provisions deemed substantively unfair or disproportionately benefiting only one future spouse to be unenforceable. Outdated pre-nup terms disconnected from each spouse’s present assets may require amendments too.

When should you negotiate and sign a pre-nup?

Ideally at least 30 days prior to saying your I dos. This provides time for thorough review, back-and-forth negotiation if needed to address concerns, and to correct any technical or substantive defects before your big day. Signing on your actual wedding day raises red flags about coercion concerns. Give yourself and your future spouse enough time to thoughtfully structure pre-nup terms suiting your unique situation and goals. The process requires care.

I can advise and guide you through creating an enforceable, balanced prenup meeting your needs. Please reach out to get the process started or with any questions! This is about protecting your future together.