OVERVIEW
Prenuptial Agreements, or “prenups,” are contracts that distinguish and separate one party’s assets and debts from the other’s. It is important to have these discussions early on in order to avoid future problems as a party may feel pressured when asked to sign later on in the engagement. Such discussions can help parties avoid matters of contention later on in the marriage or in the unfortunate event of a legal separation.

THE AGREEMENT
There is no limit to the terms that may be included in a prenuptial agreement. Although prenuptial agreements are often thought to govern the allocation of assets in case of a divorce, they may be helpful in setting healthy boundaries during the marriage as well. Examples of such terms include protection of premarital assets and liabilities, each party’s rights and duties during the marriage, and the terms of a divorce.

HOW TO ENDURE THE AGREEMENT IS UPHELD
In order for a prenuptial agreement to be upheld, there must be proof that neither party was coerced. To ensure this, each party should have an attorney present who is working in the best interest of their respective client. The earlier an agreement is drafted, the better. A couple months prior to the wedding is sufficient. Conversely, if an agreement is signed the night before a wedding, a court might assume a person was pressured into signing it and it will not be upheld.

The experienced lawyers at Funkhouser Law can help you draft a legally binding prenuptial agreement that will eliminate any unwanted surprises in your marriage. Please call Funkhouser Law at 614-443-5404 for a free consultation.