Prenuptual Agreements

Jul 15, 2024

If you are entering a marriage with significant personal assets the best protection is a prenuptial agreement. Some courts are hostile to prenuptial agreements – they can seem unfair years later if there is a divorce – so it is important to follow the statutory requirements.

Full disclosure of financial information is essential. Prenuptial agreements can be awkward. Requesting one (or getting a request for one) seems somehow to take the romance out of the wedding plans. A variation is a postnuptial agreement. Prenuptial and postnuptial agreements can be very simple, and can prevent a lot of headache, bad feelings, and legal fees later.

Sometimes both parties have an interest in having a prenuptial agreement. In a second marriage, where there are assets and children from the first marriage of both parties, a prenuptial agreement can make for better relations with both sides of the family. For example, if savings are to go to college costs of children from the first marriage who are still years away from graduation this can be spelled out and that money put in a separate savings or investment account.

Prenuptial agreements are useful in documenting before a marriage what is his and what is hers, and in providing a vehicle by which to keep those assets separate. It is important to explain to your lawyer your needs and concerns. Every situation is different. Family lawyer Kevin J. Waite in Coeur d’Alene can help with prenuptial agreements.