Prenuptial Agreement Lawyers
Key Takeaways
- A prenuptial agreement (prenup) is a legally binding contract between two people prior to marriage outlining specific aspects of property ownership and asset division should the marriage dissolve.
- Working with prenuptial agreement lawyers limits the risk of creating a prenup that is not compliant with state laws.
- Both parties should have their own attorney providing representation for their specific rights to avoid any oversights.
- Cordell & Cordell provides men with legal resources to build compliant prenup agreements that represent their best interests.
A prenuptial agreement is sometimes seen as an inducement to divorce and a cynical way to enter marriage. However, these agreements can eliminate gray areas of family law by allowing couples to plan their future with more security.
Although it acknowledges the possibility of divorce, the lack of a premarital agreement invites potential complexity and injustice if a marriage does not work out.
What Is a Prenuptial Agreement?
Essentially, a prenuptial agreement is a contract. Like any contract, there are defined principles that both parties must follow.
What the document controls is up to the parties entering into the agreement. Most people think of these contracts in terms of money, but there is no requirement that the agreement only controls finances.
A prenuptial agreement works like an insurance policy. It typically lists the property each person owns and specifies what each individual’s property rights will be in the event of divorce.
Other items frequently covered include:
- Distinctions between marital and community property
- Protection against the other spouse’s debt
- Provisions concerning children from previous relationships
- Protections for estate plans
- Protections for inheritances or other types of family assets
Do I Need a Prenuptial Agreement?
In general, there are four factors to consider when deciding whether you should pursue a prenuptial agreement:
- Age of the parties: The older you are, the more likely you need one.
- Children from a previous relationship: A prenuptial agreement is always a good tool to protect the financial future of children from prior marriages or relationships. However, these agreements do not regulate issues relating to children of the future marriage, such as child custody.
- Substantial assets: The more assets you have, the more likely you need one.
- Disparity of assets: If there is a large disparity in assets between the two parties, then a prenuptial agreement is necessary.
How Do I Get a Prenuptial Agreement?
If you elect to pursue a prenuptial agreement, it is important that each party be represented by a separate attorney to prevent a conflict of interest.
In addition to a divorce attorney well-versed in men’s rights and fathers’ rights, it is beneficial to enlist the services of a CPA or other financial advisor to help the parties understand the long-term financial consequences of the agreements.
For assistance with drafting a prenuptial agreement, contact your local Cordell & Cordell attorney.
How Can a Prenuptial Agreement Lawyer Help Me?
The value of working with a prenuptial lawyer is multifaceted. The attorney’s objective is to represent your best interests while also providing legal advice related to compliance with any other legal requirements of prenuptial agreements. In the event of a divorce, it will be critical that the family law attorney’s work protects your rights beyond the limitations of just marital property division.
Each prenup is different and based on the specific needs and goals of each party. Your prenup attorney provides you with legal representation to make decisions about child support, alimony, property division, and other key decisions you both want to clarify. The attorney-client relationship between a prenup attorney and their client is protected, meaning what you tell your attorney is shared only with your attorney, allowing you to express any concerns or needs you have clearly.
Marital agreements like these provide you with the ability to have more clarity about what your rights and limitations are with your future spouse. It may minimize the risk of financial issues down the road. These collaborative agreements are tools for clarification of everything from property division to financial obligations. Having legal representation enables you to explore all possible avenues to create a clear and understood arrangement, establishing a strong foundation for your marriage that you can rely on for years to come.
For many men considering marriage, a prenup can provide a layer of reassurance that all you have worked to build during your lifetime is not subject to the decisions or actions of another person. Even in the most idealistic relationship, you have the right to want protection for your assets and to shield those assets from liabilities created by others. At Cordell & Cordell, we work with men facing a wide range of complex matters that need legal services to protect their future, no matter what, good or bad, happens.
Why Work With Cordell & Cordell
Entering into a new marriage means planning for the future, and marital agreements are a valuable component of that process. Cordell & Cordell provides support far beyond just creating a legal document. We provide legal representation you can rely on and the legal counsel you need to protect your future.
With over 30 years of experience and hundreds of prenuptial agreements completed, you can trust in the support our attorneys offer. As a law firm dedicated to providing solutions for complex and challenging situations, you can count on Cordell & Cordell to be your advocate.
Protect Your Peace of Mind
Cordell & Cordell is the advocate you need heading into or out of marriage. As aggressive attorneys who are experienced litigators, you can trust that we will build a strong, enforceable prenuptial agreement that meets the letter of the law and supports your specific needs.
Contact Cordell & Cordell now to learn how we can help you navigate your family law rights. Call 866-DADS-LAW (323-7529) or fill out our contact form now.
Frequently Asked Questions
Select a family law attorney who has experience creating prenuptial agreements. Not all family law attorneys provide this type of legal support. Choose an attorney who:
- You feel comfortable confiding in and asking questions about “what if” situations.
- Provides you with clear answers to your questions, especially if you wish to avoid the outcomes of a previous marriage or financial concern
- Provides extensive knowledge about specific factors related to your situation, including real estate, separate assets such as family estates and businesses, and marital assets
- Will provide clarity and full disclosure on the enforceability of any component of the prenup if the marriage ends for any reason.
- Offers legal services you feel confident in based on their experience, reputation, and overall confidence.
A premarital agreement written within the letter of the law can protect inheritances and property, including property from family members left to you in wills, from family trusts, and other separate property.
Notably, a prenup is not legally necessary to protect your inheritance, even if you receive the inheritance during your marriage. In most situations, an inheritance issued to one person in a marriage is not considered marital property but remains separate property.
The divorce process itself is rarely easy, often involving various life-changing decisions. With a prenuptial agreement, many of the questions of what will happen are already answered. In this way, it is clear to see what is most likely to happen with marital assets and liabilities.
However, the married couple may have changed their desires during the marriage. This could impact decisions that may be more fitting to your lifestyle at that point.
Also important is to note the enforceability of a prenup. One spouse may attempt to disprove the prenup, claiming it was undertaken in distress or falsehoods.
A postnuptial agreement is a legally binding contract two spouses sign to outline the way property division, child custody, and other decisions are made if the marriage ends. The difference is this agreement is made after the marriage is in place. The possible benefits include:
- Provide clarity on the division of assets and liabilities obtained going forward.
- Identify intentions related to child custody and child support needs.
- Provide a spouse who may be considered no longer working with confidence that financial support will be available to them if the marriage ends.
Written by Joseph E. Cordell
Joseph E. Cordell is the Principal Partner at Cordell and Cordell, P.C., which he founded in 1990 with his wife, Yvonne. Over the past 25 years, the firm has grown to include more than 100 offices in 30 states, as well as internationally in the United Kingdom. Mr. Cordell is licensed to practice in the states of Illinois and Missouri and received his LL.M. from Washington University in St. Louis, Missouri. Joseph E. Cordell was named one of the Top 10 Best Family Law Attorneys for Client Satisfaction in Missouri.
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