Brentwood Prenuptial Agreement Attorney
While prenuptial agreements are often viewed negatively by soon-to-be spouses as bad luck, the reality is that these kinds of legally binding contracts play an important role in protecting individual interests. In the event of a divorce, a couple with a prenuptial agreement in place will be able to avoid a lot of the stress and negotiation that accompanies divorce, as issues like property ownership and alimony will already have been addressed.
These documents can, however, be complicated, especially for those with complex estates, so if you and your partner are thinking about entering into a prenuptial agreement, you should consider reaching out to a Brentwood prenuptial agreement attorney who can ensure that your contract is carefully drafted and legally binding.
What Can Prenuptial Agreements Address?
A prenuptial agreement is basically a contract that two people sign before they get married. In the event of a couple’s divorce, the contract will dictate how the parties divide their assets, including real estate, businesses, retirement funds, personal possessions, and bank accounts. These agreements can, however, also be used to waive or limit rights to future alimony and can also address child custody and support, although in regards to the latter, family courts retain the authority to modify the agreement based on the best interests of the child.
Creating an Enforceable Prenuptial Agreement
For a prenuptial agreement to be valid, both parties to the contract must fully disclose their assets to each other. If the parties fail to fulfill this requirement and an agreement is deemed to be the result of fraud, coercion, or duress, it can be struck down by the court. When determining whether a disclosure was actually made, judges will look to a few different factors, including:
- The parties’ relative sophistication;
- The fairness or unfairness of the agreement; and
- Whether both parties employed independent attorneys.
To learn more about what is required of a valid and legally enforceable prenuptial agreement, please reach out to our legal team by phone or online message.
Changing a Prenuptial Agreement
It is possible for couples to change their prenuptial agreement at a later date, although both parties will need to agree to any changes in writing. Similarly, a couple can later decide to terminate the agreement. Some people also choose to include a sunset clause, which establishes a time when the agreement will no longer be valid. A couple could, for instance, decide that the prenuptial agreement will become invalid if the marriage lasts a certain number of years, or could even decide to phase out the agreement over time. Finally, courts can terminate these agreements if it is determined that one of the parties was coerced into the agreement, was defrauded, or was not given the opportunity to review the agreement.
Legal Assistance When in Need
If you are planning on getting married and have questions about protecting your assets, or if you already have a prenuptial agreement in place, but believe that it is unenforceable, you may need the support and advice of a dedicated Brentwood prenuptial agreement lawyer. To speak with a member of our legal team about your situation, please call Beal, Nations & Crutcher at 615-861-2304 today.