Pre- And Postnuptial Agreements: Protect Your Assets

Of course, you aren't planning on divorcing or separating from your fiancé(e), but the fact remains that divorce is a potential outcome down the road. Planning ahead with a prenuptial agreement simply involves having a conversation before you get married so that both you and your fiancé(e) are on the same page.

A prenuptial agreement may be a helpful tool for everyone, but is especially important to consider when:

  • This is not your first marriage
  • You or your fiancé(e) earn significantly more than the other
  • You or your fiancé(e) have significantly more assets than the other
  • You are getting married later in life
  • You will have a blended family after marriage
  • You expect to inherit assets from family

A prenuptial agreement simply outlines what you want to happen in the event that your marriage doesn't work out. It is a contract that considers what may happen and governs the outcome in the event of a divorce and usually covers issues such as property division or spousal support. Postnuptial agreements occur once the couple is married and can also be a valuable tool in the event of a divorce.

Enforceability Of Pre- And Postnuptial Agreements

The biggest concern with pre- and postnuptial agreements is the enforceability of the document. Think about it — when you draft the agreement, it is likely years before you actually get a divorce. Many circumstances may have changed, and you may have acted in a manner that goes against your agreement. It is critical that you get the advice from a family law attorney well before your wedding in order to execute a thoughtfully considered agreement.

At Berkowitz Cook Gondring Driskell & Drobeck, LLC, our lawyers have drafted, reviewed, and litigated prenuptial and postnuptial agreements. We know what can cause couples issues down the road. Get the advice of experienced counsel so you do not have to worry about whether your agreement will hold up in court.

Learn About Ways To Protect Yourself Before You Get Married And Discuss Ways to Protect Assets Acquired Or Combined After Marriage

While it is a difficult subject to address, protecting yourself with a prenuptial or postnuptial agreement may be the right solution to your concerns. Call our Kansas City office at 816-701-9212 to speak with a skilled attorney. We serve clients in Kansas and Missouri.