Armstrong Law, P.C.

Prenups can be a critical part of the property division process

When two people get married, they make a serious commitment to each other that isn't rivaled by many other institutions or responsibilities. However, there are times where the married couple realizes that their relationship can't go on. They see the writing on the wall, and they accept the irreconcilable differences they now share. A divorce shortly follows, and then the soon-to-be-former spouses have to figure out what happens to the property they have accumulated over the years.

Some couples will sign a prenuptial agreement before they walk down the aisle. This contract makes the process of dividing up property upon the realization of a divorce far simpler, and the spouses can benefit greatly from having a prenuptial agreement involved in their marriage.

Prenuptial agreements can cover a wide array of issues and matters integral to marriage and divorce. You can distinguish between what is considered marital property and separate property for divorce purposes. You can protect yourself from your spouse's debts, as well as protect your estate plan and any family business or assets that you treasure. You can define how property division will proceed in light of a divorce. And you can even outline the responsibilities each spouse will have during the marriage.

Of course, prenups can't cover everything. There are topics that are forbidden, such as child custody, child support, your right to alimony, or anything that is illegal. Discuss a prenup with an attorney if you have any questions about this critical part of family law.

Source: FindLaw, "What Can and Cannot be Included in Prenuptial Agreements," Accessed Feb. 2, 2018

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