A prenuptial agreement or “
”, is a contract entered into prior to marriage. It divided the assets prior to marriage in case of
divorce. Often times it is thought that prenups are for the wealthy only, but anyone who wants to protect his or her pre-marital
property in the event of a divorce should consider getting a prenup.
A prenup helps in the event of a divorce. It is very likely that a court will approve the agreement
and incorporate it into the final divorce decree. It is important to talk about the terms of a prenup and the expectations of the
prenup with your partner. It is best to meet with an attorney at least 4 to 6 months prior to marriage to ensure all aspects of your
prenup are covered. Clearly laying out what are separate assets will ensure no co-mingling of assets take place during the marriage.
The common areas covered in a prenup are protection of separate property, alimony/spousal maintenance, and
community property division. Deciding before marriage what is yours, mine and ours helps
keep the costs down should a divorce happen.
Postnuptial agreements are similar to prenuptial in that they are legal agreements entered into by both spouses during the marriage
listing how assets or debts will be divided in the event of a divorce.
This is not a one size fits all process. Heather Hudson will work closely with you to identify your assets, financial resources,
debts, and your goals to help protect you and your future spouse. Your agreement can address many things, most common are
property division and spousal maintenance/alimony.
This is a great opportunity for you and your spouse to be on the same page about planning your future together. Let us help protect
you and your spouse for the long term.
Let the team at Heather Hudson Law Firm, PLLC, help you navigate this process.