If you would like to protect your property or ensure financial security as you enter marriage, Rubin Family Law can assist with accurate, detailed agreements that properly secure your assets.
It is becoming more common for couples to enter marriage after establishing themselves in their careers. In many cases, one or both parties are approaching marriage with a certain level of financial security and several personal assets. At Rubin Family Law, we do more than put your information in a document. We construct a meticulous agreement that mutually benefits both parties and can be enforceable in court if the need ever arises.
Benefits of a Prenuptial Agreement
Prenuptial agreements provide financial protections before entering a marriage. Additionally, prenuptial agreements help add a little certainty to the uncertain. No one knows what tomorrow holds, and a binding agreement can help bring clarity, resolution, and ease to the table should things end in divorce.
What Is Covered by a Prenuptial Agreement?
Even a couple in a rock-solid relationship can benefit from a prenuptial agreement. Divorce may never occur, but in the rare chance that it will, you can have arrangements that cover property, finances, or other assets acquired before the marriage. It can also include any future inheritances. Standard topics covered in a prenuptial agreement include:
- Allocation of personal property and protection from property division
- Obligations relating to alimony or spousal support
- Protection of family heirlooms
- Protection of children from a prior marriage or relationship by ensuring that their financial needs are secured
It is important to note that some things cannot be addressed in a prenuptial agreement. Most significantly, child custody and child support cannot be included in the agreement; both must be addressed at the time of divorce.
The Prenuptial Agreement Process
1. Financial Audit
During your engagement, you and your spouse will perform a financial audit and make a list of each spouse’s assets and debts, as well as your respective incomes. This is the time to decide what should remain out of the marital state and what can be shared.
2. Debt & Asset Responsibility
You will also need to discuss responsibility for existing debts, financial support in case of divorce, the allocation of marital assets, if your agreement should have an end date, and more.
3. Sign the Agreement
Once you have figured out all aspects of the agreement, you will need to put everything in writing and each sign the document in the presence of the appropriate number of witnesses, making it official.
Establish a Prenuptial Agreement with Help from Rubin Family Law
Rubin Family Law is highly experienced in preparing prenuptial agreements that are beneficial and enforceable in court. Non-enforceable agreements can involve fraudulent misrepresentation, coercion or duress, unconscionable terms, or some element of dishonesty within the document. Our team works to create an agreement that can withstand legal scrutiny.
A word from our client
“Kevin represented me during my divorce and then later wrote a pre-nup for me when I got remarried. He is careful, meticulous, detail-oriented and creative. He is also very personable and I felt like he really cared about me and my interests. In the end he came up with a very creative approach that saved me a lot of monthly out-of-pocket expenses as it pertained to alimony.” – Keith