In many of our posts we have written about how to address issues that arise in conjunction with a divorce. While these issues, and how they will be resolved, vary from couple to couple, they are often time consuming and emotionally difficult to get through. This does not need to be the way it is however.
Taking the time to create a prenuptial agreement before marrying could make the process of divorce easier, since a plan for how to handle some divorce related matters would already be in place. Because the agreement is reached at a point in time when everyone was clearheaded, it could result in an outcome that is good for all.
Also sometimes referred to as a marriage contract, there are a multiple matters that the contract can address pertaining to the division of assets. In addition to providing guidance on the division of assets, in some situations it could also provide guidelines regarding the payment of spousal support. It is important to note that a prenuptial agreement cannot be used to set custody or child support solutions.
Couples who opt for this approach do so for a variety of reasons. Some have been married before and are bringing significant assets to the union. Others may have learned just how difficult the process of divorce can be and want to minimize its impact should they find themselves facing it again. Regardless of why a couple decides to create a prenuptial agreement, it is vital that each party works with a knowledgeable lawyer who has his or her best interests in mind.
At Kirk Montoute LLP, our lawyers understand the importance of creating a strong prenuptial agreement that accurately captured your agreed upon wishes. To learn more about drafting and negotiating prenuptial agreements please see our website.