Preparing & Analyzing Pre-Nuptial Agreements
If you are considering signing a pre-marital (antenuptial) agreement, it is critical you know your rights and understand the ramifications of what you are signing. It is also important to act quickly if the marriage date is approaching. The family law attorneys of Orshan, Spann & Fernandez-Mesa can help you protect your financial interests before you get married.
What You Need To Know
A pre-marital (antenuptial) is advantageous in many situations. Under the right circumstances, it sets clear expectations for the two people as they enter marriage and protects both in the event of a divorce. It can also establish parameters in the event of the death of a party. However, a lop-sided or hastily drafted agreement can work against you or lead to litigation down the road.
Properly crafted, the pre-marital (antenuptial) agreement declares which assets belong to the individuals (separate property) and which assets will be considered marital property after you wed. If you bring your own home, business, or inheritance to the marriage, these assets are protected in the event the marriage does not work out. Many people entering a second marriage sign pre-marital (antenuptial) agreements to protect their own assets as well as the inheritance rights of children from a first marriage.
Our attorneys can negotiate and draft your agreement or review and revise your current agreement. If we draft the agreement for you, the initial step is to compile a list of your assets. Next, we will discuss your goals for the agreement. Lastly, we will draft a pre-marital (antenuptial) agreement that expresses your goals and present it to your future spouse for review.
Don’t Wait Too Long! Because of the length of the process, you should start the process as early as possible before the wedding date. This gives you and your attorney the opportunity to properly safeguard your interests.