Tuesday, May 12, 2009

Should I have a Prenuptial Agreement?


Question:
I am getting married this summer. It is a second marriage for both of us and we both have children from our prior marriages. My fiancĂ© had his attorney draft a Prenuptial Agreement for us to execute. I am in favor of the agreement to protect my children’s inheritance. However, I want to make sure I understand the future ramifications. Should I also hire an attorney? What rights will the agreement affect?
Should I also hire an attorney prior to executing a Prenuptial Agreement?

Answer:
Yes!!!!!!!
The purpose of the agreement is to alter the rights that you would otherwise have upon divorce or death of your spouse. Your attorney will focus on the rights that you give up, will make sure you understand the terms of the agreement and, if necessary, will amend the proposed agreement (or draft a new one) to address your concerns.

It used to be that only those with vast fortunes to protect considered a Prenuptial Agreement as part of their wedding plans. Even though such steps may not be necessary for every couple, in light of the ever-increasing divorce rate and more common second and third marriages, many couples, like yourself, readily welcome the suggestion of a Prenuptial Agreement, especially to protect the interests of their children from a prior marriage.

More on Prenuptial Agreements tomorrow.

Have your questions answered here by commenting or submit your question at http://www.ythlaw.com/

No comments: