Prenuptial Agreement Lawyer
Getting married is a fun and exciting time, but it is also a time of high emotions that can lead to poor decisions. Protect yourself and your assets by preparing in advance so that you can feel secure and comfortable in your new relationship. If you are getting married soon, consider the information below to see if a pre-nuptial agreement is right for you. Then schedule a FREE consultation to see how Stuart Cearley can best meet your prenuptial legal needs.
Pre-Nuptial Agreement Process
A prenuptial agreement is a contract that is written before the marriage of two people. This contract sets the terms of possession of assets, treatment of future earnings, control of the property of each, and potential division if the marriage is to dissolve; these agreements are common among parties who have substantial assets, high incomes, potential inheritances, children from a prior marriage, or if one or both partners have been “taken” by a prior spouse.
All marrying couples have a prenuptial agreement, if an agreement has not been signed by the couple, then the terms are considered under divorce law. Many people are not happy with the terms of divorce law and would prefer to take control of their agreements rather than leave it in the hands of the government. You should especially consider a pre-nuptial agreement if:
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You are much wealthier than your partner - this can help ensure that your partner is marrying you for reasons other than your money.
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You are remarrying- a pre-nuptial agreement can ensure that your assets are distributed as you wish once you pass away, preventing the exclusion of either family from being cut off.
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Your partner has a high debt load - if your partner is carrying a high debt load, then you could be responsible for these debts if the marriage were to end, a pre-nuptial agreement can help prevent this from happening.
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You possess ownership or partial ownership of a business - if your marriage were to end and you did not sign a pre-nuptial agreement, your spouse could end up owning a share of the business, potentially becoming an unwanted partner in the business.
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You are much poorer than your partner - it is known that a pre-nuptial agreement can be used to protect a partner who is considered well off, but it can also be used to protect a partner who is considered financially weaker.
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If you plan to quit your job to raise your children- quitting your job will have a negative impact on your income, a pre-nuptial agreement can ensure that the financial burden of raising children is shared fairly by both partners.
In Arkansas, child custody and child support are always decided by Arkansas court, a pre-nuptial agreement will not be taken into consideration when that decision is being made. The courts will determine custody based on the child’s best interests, similarly, child support will be based on the child’s needs and the parent's financial situations at the time of the divorce.
