Family Law: Should You Get a Prenup Before Marriage?

If you plan to get married soon but will inherit a small fortune in the future, you may wonder if you should protect your inheritance. Although many people love their future spouses very much, some marriages can unexpectedly end in divorce. Unless an individual obtains a prenup before marriage, family law may reward a portion of their inheritance to the divorcing spouse. Learn more about a prenup and how you may obtain one below.

What's a Prenup?

A prenup, or prenuptial agreement, is a legal agreement or contract between two individuals who plan to marry in the future. The contract requires one party to give up or accept a portion of the other party's assets, future earnings, inheritance, or property after a divorce or death occurs in the marriage. A prenup may also keep one spouse from becoming legally liable for the other spouse's premarital debt and expenses. 

Many couples shy away from obtaining a prenuptial agreement. The individual asked to sign a prenup may not feel comfortable doing so if they won't receive a reasonable share of the marital assets after divorce. The individual may also think the other party lacks trust in them and their integrity to do the right thing in the future. 

Although the problems above can arise with a prenup agreement, you may still wish to obtain one. However, you may want to ask a family law attorney to assist you with your prenup agreement. 

How Do You Get a Prenup?

A family law attorney can help you draw up a prenuptial agreement that your future spouse may accept. Your prenuptial agreement should allow you to protect your inheritance without interfering with the rest of your marital assets, especially if you wish to leave your inheritance to your children or future children. 

After a family law attorney creates a prenup agreement for you, they can allow your future spouse to examine it. If your future spouse doesn't agree with the things listed in your prenup, an attorney can continue working on it for you.

The new agreement may include alimony or another form of spousal support for your future spouse. Alimony provides financial support to an individual who doesn't make enough money to live on their own after a divorce. A family law attorney can discuss the pros and cons of adding alimony to your prenup agreement when they meet with you. 

Learn more about prenup agreements by contacting a family law attorney today.   


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