Don Harmening, Attorney At Law
Pre-Martial Agreements
Protect your individual assets and define financial rights and responsibilities in the event of a divorce or death.
Pre-nuptial agreements allow couples to enter into marriage with clear expectations and protection for their financial future.
$1,500
Service Procedure
Free Consultation
- Discussion of Objectives: The process begins with an in-depth discussion between each party and their legal counsel (it’s advisable for each party to have independent counsel) to understand their objectives, concerns, and what they wish to achieve with the pre-marital agreement.
- Overview of Assets and Liabilities: A thorough review of each party’s assets, liabilities, and financial situation is conducted to accurately reflect these in the agreement.
Drafting the Agreement
- Compilation of Terms: Based on the initial consultation, the attorney drafts the pre-marital agreement, detailing the terms concerning asset division, spousal support, and any other financial arrangements in the event of a divorce or the death of one spouse.
- Review and Negotiation: The draft is reviewed by both parties, often leading to discussions and negotiations on certain terms to ensure that the agreement is mutually satisfactory and fair.
Full Disclosure
- Financial Disclosure: Both parties are required to provide full disclosure of their financial assets and liabilities. This transparency is crucial for the enforceability of the agreement, as concealment of assets can lead to future challenges.
Legal Advice
- Independent Legal Counsel: Each party is advised to seek independent legal counsel to review the agreement. This ensures that both parties fully understand the terms and the implications of the agreement and that it was entered into voluntarily without any duress or undue influence.
Revisions
- Making Adjustments: Based on feedback from legal counsel and further discussions between the parties, revisions may be made to the agreement to reflect a fair and equitable arrangement that meets the needs and intentions of both parties.
Execution of the Agreement
- Signing: Once both parties are satisfied with the terms of the pre-marital agreement, it is formally signed. The signing process may require witnesses and/or notarization, depending on state laws.
- Timing: The agreement should be signed well in advance of the wedding to avoid any appearance of coercion, which could affect its enforceability.
Secure Storage
- Safekeeping: Copies of the signed agreement are securely stored, with each party retaining a copy. This ensures that the document can be easily accessed if needed in the future.
Navigating Pre-Marital Agreements
A Pre-Marital Agreement, often known as a prenup, is a legal document drafted before marriage that outlines how assets will be handled during the marriage and in the event of divorce or death.
Far from being a forecast of mistrust or doom, prenups serve as a pragmatic approach to managing financial matters, ensuring clarity and fairness for both parties involved.
This agreement allows couples to define their financial rights and responsibilities, protect individual assets, and simplify financial matters if the marriage ends.
Pre-marital agreements are especially beneficial for:
- Entrepreneurs and Business Owners: Individuals who wish to safeguard their business interests from marital property claims.
- Those with Significant Assets or Debts: People looking to protect their pre-marital assets or ensure that they are not burdened by their partner’s pre-marital debts.
- Individuals Entering Second Marriages: Those who have children from previous relationships and want to secure their inheritance.
The best time to consider a prenup is well before the wedding day, allowing sufficient time for both parties to thoroughly discuss and agree upon the terms without pressure. Ideally, this should be part of the broader discussion about finances and future planning as a couple, making sure it aligns with both partners’ expectations and legal requirements.
Crafting Your Future Together
Entering into a Pre-Marital Agreement doesn’t just protect assets; it’s a process of laying transparent foundations for your future together. It encourages open communication about finances, helping to avoid potential conflicts down the line.
If you’re contemplating marriage and wondering how a prenup might fit into your plans, contact us for a free consultation.
We’re here to provide expert guidance, ensuring that your pre-marital agreement is tailored to your unique situation, offering security and peace of mind as you embark on this exciting new chapter.