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Prenuptial/Premarital Agreements

It is perfectly understandable to want to protect your assets. By creating a prenuptial or premarital agreement with your fiancé prior to getting married, you have the ability to dictate how your property and income will be distributed – or not distributed – should your impending marriage fail. Especially for second marriages where the couple has accumulated wealth or has children from a previous relationship, premarital agreements are highly suggested.

We understand the subject of prenuptial agreements is not an easy or desirable one to discuss while planning a wedding; but having an agreement in place before entering into marriage can help you avoid even tougher discourse in the event of divorce – especially considering that financial disagreement is one of the leading causes of divorce in the first place.

You may want to consider a prenuptial agreement if you:

  • Were ever married before
  • Have children from a previous relationship
  • Earn more money or have more assets than your future spouse
  • Have a trust fund or are expected to receive a large inheritance
  • Own a business
  • Are marrying someone with considerable debt

DeTorres & DeGeorge Family Law Attorneys can help you and your partner create a prenuptial agreement that defines:

  • What is and is not considered marital property
  • How your assets will be divided if your marriage ends
  • The financial rights and responsibilities of each spouse
  • How each spouse is protected from the other’s debts
  • How expenses of the marriage will be paid

Without the existence of a prenuptial agreement, your spouse typically has the right to equitable distribution of any shared property that was acquired during your marriage, and you may find yourself responsible for your spouse’s debts or for alimony. To avoid the potential for a stressful and costly divorce process down the line, it is in your best interest to create a prenuptial agreement ahead of time.

If you wish to create a prenuptial agreement or have any questions about the process, call us today to schedule a consultation at 908-304-9679.

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