Murfreesboro Divorce Lawyers Help Prevent Future Conflict by Helping You with Pre- and Post-Marital Planning
Prenuptial and postnuptial agreements strengthen communication
When planning a wedding, no one wants to think about divorce. It can feel like you are jinxing your union. What couples fail to realize is a prenuptial or postnuptial agreement can actually strengthen a marriage by helping couples communicate about things they might otherwise not consider. And, if there is a divorce, prenuptial and postnuptial agreements simplify the process. These agreements delineate property division so there are fewer conflicts during the divorce.
Prenuptial and postnuptial agreements are also protective in situations outside of divorce. Such agreements preserve the assets set aside for children from a first marriage when you are entering a second one. Through a prenuptial or postnuptial agreement, you and your partner can specify how you want these assets distributed.
If you are contemplating marriage or have gotten married and want to formalize your wishes in the event of a divorce, talk to a divorce attorney. Our Murfreesboro family law attorneys review your economic and familial situation with you and help you decide whether a prenuptial or postnuptial agreement is appropriate for you.
The difference between a prenuptial and a postnuptial agreement
A prenuptial agreement or “prenup” is an agreement couples enter into prior to marriage. This agreement delineates how, in the event of a divorce, the couple divides property and assets. Postnuptial agreements attempt to do the same thing, but couples make these agreements after the marriage.
Courts do not regard postnuptial agreements as favorably as they do prenuptial agreements. In fact, courts often approach postnuptial agreements with the presumption they are invalid. Marriage changes everything. Once a couple is married, they have different responsibilities and duties toward each other. For this reason, courts find it more difficult to believe that both parties willingly entered into a postnuptial agreement.
When should you consider a prenuptial or postnuptial agreement?
Many people believe that a prenuptial or postnuptial agreement is only for those times when one partner is wealthier than the other. While a marital agreement may be appropriate in that situation, there are many other circumstances when you should consider one, including the following:
- You are remarrying: If you’ve been married before, you may have children and assets from your first marriage. A marital agreement can ensure that when you pass away, these assets are distributed the way you want them to be.
- You own part of a business: Without a marital agreement, all marital assets are subject to division during a divorce. This means that if you own a business, the court could award your partner a portion of it. You can prevent that from happening with a marital agreement.
- Your partner has a lot of debt: Sometimes one party accumulates a lot of debt before the marriage. If the marriage ends, you do not want to be responsible for that debt. A marital agreement can describe your separate assets and ensure that your spouse’s creditors will not look to you for payment.
Murfreesboro family lawyers use prenuptial and postnuptial planning to prevent conflicts
There are many reasons for contemplating a prenuptial or a postnuptial agreement. Entering into one with your prospective partner does not mean you don’t have faith in your marriage. Our skilled family law attorneys help you decide if a prenuptial or a postnuptial agreement is right for your current situation. Contact our Murfreesboro family attorneys at Kidwell, South, Beasley & Haley today at 615-893-1331, or online for a consultation about whether a prenuptial or postnuptial agreement is right for you. With more than 40 years of experience in Tennessee divorce law, our family law attorneys know the importance of formulating plans for unforeseen events.