While most people hesitate to think of a divorce before they even get married, a prenuptial agreement can help prevent future disputes if the marriage is not successful. While this type of agreement is not for everyone, it can help protect many different types of people and provide for an orderly separation in the future.
A prenuptial agreement can help someone who is coming into the marriage with significant assets. Ordinarily, these assets could be at risk in a divorce as they mix with assets from the marital estate. However, by agreeing ahead of time about the division of assets in the event of a divorce, someone can protect their assets and get peace of mind. This is especially beneficial when there is a second marriage and children from the first marriage are worried about losing their possible inheritance.
Others who might benefit from the use of this agreement are those who owned a business before starting the marriage or plan to start one shortly thereafter. In addition, people who come from families with money should consider a prenuptial agreement to make sure that the assets are able to remain in the family. People need to get over any negative perceptions that they may have of a prenuptial agreement and look at the document as a form of preparation as opposed to dooming the marriage.
A divorce attorney may be able to help a client negotiate the prenuptial agreement in the event that they are considering marriage. Each future spouse would need their own legal representation when this agreement is being negotiated, and the prenuptial agreement cannot be grossly one-sided because it would then be unenforceable. This is where the advice of an attorney may be helpful so that the proper agreement can be reached before the marriage proceeds.
