Prenuptial agreements have evolved far beyond protecting wealthy families. Modern couples use these contracts to address student debt, business interests, retirement accounts, and family obligations before walking down the aisle.
Our friends at The Spagnola Law Firm discuss how prenuptial agreement lawyers create tailored contracts that reflect each couple’s unique situation. A prenuptial agreement lawyer works across different legal fields, similar to how an assault lawyer might handle various types of cases within their practice area.
What Prenuptial Agreements Actually Cover
A prenup is a legally binding contract that outlines how assets and debts will be handled during marriage and in the event of divorce or death. We draft these agreements to provide clarity and prevent future disputes.
Common provisions include:
- Division of property acquired before and during marriage
- Protection of inheritance rights for children from previous relationships
- Allocation of business ownership and future business income
- Responsibility for premarital debts and student loans
- Spousal support terms and limitations
- Distribution of retirement accounts and investment portfolios
Why Couples Choose Prenuptial Agreements
Financial transparency matters. Prenups force couples to have honest conversations about money, debt, and long-term financial goals before marriage. These discussions often strengthen relationships rather than weaken them.
We’ve worked with couples who want to protect family businesses, individuals entering second marriages with children, and partners with significant income disparities. Some couples use prenups to keep separate property separate, while others want to define what counts as marital property from day one.
Protecting Business Interests
Business owners face particular risks without prenuptial agreements. When one spouse builds a company during marriage, the other spouse may claim ownership of a portion of that business in a divorce. We structure prenups to shield business assets, prevent forced sales, and maintain operational control.
The Legal Requirements For Valid Prenups
Not every prenuptial agreement holds up in court. States have different requirements, but most follow similar principles. Both parties need independent legal representation. Full financial disclosure is mandatory. The agreement must be executed voluntarily without coercion or duress.
Timing matters significantly. Courts scrutinize agreements signed days before the wedding more carefully than those executed months in advance. We recommend finalizing prenups at least 30 days before the ceremony, though earlier is better.
According to the Uniform Premarital Agreement Act, which many states have adopted, certain provisions may be unenforceable. For example, you cannot waive child support obligations or include terms that violate public policy.
What Prenuptial Agreement Lawyers Do
We start by meeting with couples separately and together to understand their goals. Each person must have their own attorney to avoid conflicts of interest. This separate representation protects the agreement’s validity.
Our role includes:
- Gathering complete financial information from both parties
- Identifying all assets, debts, and income sources
- Drafting clear, enforceable contract language
- Negotiating terms that both parties find acceptable
- Reviewing agreements drafted by the other party’s attorney
- Explaining legal consequences of each provision
Financial Disclosure And Documentation
Complete honesty about finances is non-negotiable. We collect bank statements, tax returns, property deeds, business valuations, and investment account statements. Hidden assets or false information will invalidate the entire agreement.
Common Misconceptions About Prenups
Many people believe prenups are only for the wealthy or that requesting one signals a lack of trust. Neither is true. Prenuptial agreements benefit couples at all income levels, particularly those with debt, family obligations, or career prospects.
Some assume prenups guarantee divorce. We’ve found the opposite. Couples who discuss finances openly before marriage often build stronger foundations. The process itself creates understanding about expectations and financial values.
Postnuptial Agreements As An Alternative
Couples who marry without a prenup can still create similar protections through postnuptial agreements. These contracts serve the same purpose but are executed after marriage. While generally enforceable, some states apply stricter scrutiny to postnups than prenups.
Making Your Agreement Work
The best prenuptial agreements balance protection with fairness. One-sided contracts that leave a spouse with nothing rarely survive legal challenges. We draft terms that courts will respect while achieving your financial goals.
Courts may invalidate agreements that are unconscionable or that were signed under pressure. We build in provisions for review and modification as circumstances change over the years.
Taking The Next Step
If you’re engaged and considering a prenuptial agreement, start the conversation with your partner now. Contact an attorney who focuses on marital agreements to discuss your situation. We’ll explain your options, answer your questions, and help you create a contract that protects both of you while supporting your future together.