Premarital Agreement
/A prenuptial agreement is a legally-binding contract that outlines the financial arrangements between two individuals entering into a marriage or domestic partnership. It serves to protect each partner's assets and property in the event of a legal separation or divorce. When drafting a prenup, it is important to consider the following points:
Identification of all property brought into the marriage or partnership by each partner.
Determination of how income and assets acquired during the marriage or partnership will be characterized.
Clarification of the legal rights to control separate property in the event of a divorce.
Confirmation or waiver of estate planning rights at death.
Provisions for ongoing spousal support in the event that one spouse has a higher income or greater financial resources.
Rules for how the use of separate property towards a community asset will be valued and apportioned.
Process for resolving disputes in the future, such as through mediation, attorneys' fees, or counseling.