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Pre-nuptial Agreements

With all the recent talk about Tom Cruise and Katie Holmes divorcing, speculation is high as to whether or not the prenuptial agreement will have an impact on the divorce process. Why might this be? There are many requirements that must be met before a court will enforce a prenuptial agreement. To list a few, the prenuptial agreement must be in writing, and should be drafted by an attorney. Further, both parties should seek legal counsel during the process of executing a prenuptial agreement.

In drafting or reviewing a prenuptial agreement, we carefully explain the law, as it is very important that our client is clear on what the law says and what is fair. If you chose to draft a prenuptial agreement, at least have an attorney review it to make sure it is valid and that your rights are protected.

Prenuptial agreements are voluntary. You don’t have to sign one if you don’t want to, meaning they aren’t required by law in order to be married. There should be no coercion or force placed on a person to sign one of these agreements. If you feel your partner is forcing you to sign the prenuptial agreement, do not sign it; instead, consult with an attorney. There must be full disclosure in a prenuptial agreement. An agreement is not considered fair if information is withheld. This means that before you sign a prenuptial agreement, make sure you know what assets and financial information your spouse-to-be has. Without knowing what assets are on the table, it is difficult to make an informed decision. This is yet another reason to have attorney review the proposed agreement. Consider it another check and balance in the process.

If you are considering entering into a prenuptial agreement, or have one that needs to be reviewed by an attorney, we are happy to help you so that you make an informed decision.

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