Do You Need a Pre-Nuptial Agreement?

Valentine’s Day is just around the corner and plenty of people have engagements and weddings on their minds. Besides the perfect ring, what else do you need? Everyone plans for their marriage lasting forever but sometimes circumstances happen beyond your control. Knowing that you can’t protect yourself from divorce, any steps you can take to avoid litigation and provide security is key. Many people are unaware that even property titled in their own names, can be considered marital property, depending on the circumstances.

Pre-nups can specify ownership as well as each parties’ rights to property upon death or divorce, as well as determining whether there will be alimony. The parties have a large degree of flexibility as to the terms of the pre-nup, although provisions regarding children will not be enforceable because the court always retains the ultimate authority regarding the best interests of children.

What if you’re already married? You may still be able to reach a valid agreement on these issues, which would be considered a “Post-Nuptial Agreement.” Any agreement regarding marital assets should be discussed with an attorney however, there are numerous pitfalls for the unwary.

Disclaimer: The content of this blog is intended for informational purposes only. It is not intended to solicit business or to provide legal advice. Laws differ by state and jurisdiction. The information on this blog may not apply to every reader. You should not take any legal action based upon the information contained on this blog without first seeking professional counsel. Your use of the blog does not create an attorney-client relationship between you and Mirsky Law Group, LLC.