Prenuptial Agreements: Issues Couples Need to Address

May 02, 2024

PRENUPTIAL AGREEMENTS: ISSUES COUPLES NEED TO ADDRESS

When two people get married, they usually want to believe that nothing can ever go wrong. However, the truth is, there are several issues that can arise in a marriage. To mitigate the risks and safeguard their interests, many couples opt for prenuptial agreements. In this blog post, we will explore the essential issues that couples need to address in prenuptial agreements. From premarital property to likely future acquisitions and rules for marital property, we've got you covered. We'll also discuss how an attorney can help in preparing and finalizing these agreements.


PREMARITAL PROPERTY

One primary purpose of a prenuptial agreement is to protect premarital assets. Typically, premarital property refers to assets acquired before the marriage such as a house, car, or investments. With a prenuptial agreement, couples can ensure that each person's premarital property remains theirs in the event of a divorce. Additionally, the agreement can establish guidelines for how any appreciation or income earned from premarital assets during the marriage will be handled. It's important to address these issues because they can have a significant impact on the division of property if a divorce occurs.


LIKELY FUTURE ACQUISITIONS

Another important aspect to consider in prenuptial agreements is likely future acquisitions. Couples who plan on acquiring property or assets together in the future should take the time to discuss and document how these items will be owned and divided if the marriage ends. This can include anything from real estate purchases to investments or business ventures. Couples can include provisions in their prenuptial agreement about how future assets will be divided in the event of a divorce. For example, the agreement can specify that all joint accounts will be divided equally, or assets will be divided based on contribution percentages. The purpose of these rules is to provide clarity and certainty about how assets will be divided in the future.


HOW CAN AN ATTORNEY HELP?

Preparing and finalizing a prenuptial agreement can be complex, and couples need to ensure that the agreement is valid and enforceable. An attorney can help ensure that the agreement meets all of the legal requirements and that both parties are fully aware of the implications of the agreement. Attorneys can also help negotiate the terms of the agreement and mediate any disagreements about the prenuptial agreement's contents.

Overall, prenuptial agreements can safeguard couples' interests and provide clarity on asset division in the event of a divorce. These agreements can address key areas such as premarital property, likely future acquisitions, and rules for marital property. While some couples may feel that prenuptial agreements are not necessary, it's important to consider the potential risks and benefits. At The Law Offices of Michael D. Miller Jr, our experienced team can help Arizona residents ensure their prenuptial agreements meet all of the legal requirements and protect their interests.


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