Clarity now for a healthier, more transparent marital relationship…

Given that money is understood to be one of the top stressors in a marriage, premarital agreements (prenups) are for couples who want to safeguard their relationship by providing clarity and transparency to their financial and legal lives both separately and together. These agreements provide a clear framework for how assets and finances will be handled during the marriage and in the event of a divorce. This clarity can prevent misunderstandings and disputes down the line, offering couples peace of mind.

There are specific situations where a premarital agreement can be particularly helpful:

  • When significant pre-marital assets, inheritance, or individual investments are involved. Couples can specify what is considered separate property and how future earnings and assets acquired during the marriage will be treated.

  • Debt Management: These agreements can also clarify the responsibility for debts brought into the marriage by each partner or incurred individually during the marriage. This can protect one spouse from the other's financial liabilities.

  • Support for Entrepreneurial Ventures: For spouses who are business owners, a prenup or postnup can safeguard the business so that marital disputes or divorce proceedings do not disrupt its operations. It can specify how the business assets will be treated in the event of a divorce.

  • Blended Families: They can outline arrangements for children from previous relationships, ensuring that their inheritance and financial needs are addressed. This is particularly important in blended families.

  • Tax Planning: Couples might use these agreements to make decisions that optimize their tax situations, addressing issues like the transfer of properties and assets to minimize tax liabilities.

  • Estate Planning: These agreements can be integrated with a couple's estate planning goals to ensure that their assets are distributed according to their wishes upon death, rather than strictly following state laws.

  • Reducing Conflict in Divorce: Though no marrying or married couple plans to divorce, by pre-determining how assets and issues will be handled, these agreements can reduce conflict and cost in the event of an unforeseen divorce, leading to a smoother process for both parties.

  • Cultural or Religious Considerations: Some couples may have cultural or religious reasons for wanting to specify certain conditions in their marital agreement, which can help align the marriage with these personal values and practices.

  • Encouraging Financial Discussions: The process of creating these agreements encourages couples to engage in thorough financial discussions before and during marriage, which can strengthen the relationship by building transparency and trust.

Please note you will need to start this process as early as possible before your wedding date to ensure adequate time for drafting, your thorough review and signing well before your wedding date.

Though not at all required, it is common for couples to each have their own attorney review the agreement to ensure it is fair and unbiased before signing. You’ll then want to schedule signing ideally 1-2 months in advance of the wedding to help avoid claims that the agreement was signed under duress, which could affect its enforceability.