Should you or should you not get a marital agreement?

There was a time when the notion of a couple getting a legal agreement regarding property division was thought to be almost offensive. The view of many was that such documents were tantamount to saying that the marriage was doomed from the outset. The idea that such agreements were too reflective of material concerns didn’t help.

Truth be told, there are still a lot of people who find marital agreements distasteful, but acceptance of them is becoming more common, for good reason. Couples are often getting married later in life. It’s not unusual for each of them to be coming to the union with significant personal assets or extended family from previous relationships.

Marital agreements become a logical legal means for making sure that property division is simplified if problems do develop.

There are two types of agreements that are common in this context. One is a prenuptial agreement. This pact is drafted ahead of the marriage and signed by the intendeds before vows are exchanged. They typically spell out what assets each party is bringing to the union and how they should be treated in various possible eventualities.

The second type is a post-marital agreement. This might be employed by couples who tied the knot before there was any appreciation of the possible circumstances that might lead to a need to split up property and the implications that might hold for assets that were held individually before marriage.

Like all legal documents, however, proper drafting and execution is critical for the agreement to be binding and enforceable. As a result, anyone considering entering into a pre- or post-marital agreement needs to be confident in the skills and background of the attorney used.

Our firm has the requisite experience to assure you that your rights and desires are protected. We invite your call.