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Prenuptial Agreements

A prenuptial agreement (also called a pre-marital agreement) is a legally binding contract signed by two individuals before marriage. It is intended to be the parties' plan for how certain legal rights that attach to married individuals will be changed or modified by the individuals. Prenuptial agreements have become very common, especially where the parties already have children and the parties want to protect the inheritance of those children.

Without a prenuptial agreement, when two people marry, all of their earnings from work performed by them during the marriage is community property and any assets acquired from those earnings must be divided equally on divorce. A prenuptial agreement can provide that a spouse's earnings will be treated as their separate property during marriage and that whatever asset is acquired with those earnings will be their separate property on divorce. A prenuptial agreement can also describe all of the separate assets or debts that each party brings into the marriage, alter how their separate property is treated throughout the marriage, and assign debt incurred during the marriage. A prenuptial agreement can also deny or limit a spouse's right to spousal support. Timko & LaSorsa can:

  • Prepare a prenuptial agreement
  • Represent clients where a prenuptial agreement is a significant issue in their divorce
  • Evaluate the validity of a prenuptial agreement

A properly drafted Prenuptial Agreement can preserve your assets and what may be available from you for your children. Timko & LaSorsa can explain how a prenuptial agreement can protect both you and your children and save you giving up years of hard work if a marriage ends.

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