Historically, prenuptial (premarital) agreements have been viewed as tools for the affluent to protect assets and interests from division in future divorce proceedings. However, with the increasing number of second marriages and marriages occurring later in life, prenuptial agreements are no longer reserved solely for the affluent. Additionally, many people are now responsible for children from a previous relationship or elderly family members, which makes prenuptial agreements a valuable tool to ensure the financial security of the people that depend on you.
A premarital agreement is defined as an agreement between prospective spouses made in contemplation of marriage and to be effective on marriage. The agreement must be in writing and signed by both parties. The purpose of a prenup is to allow the parties to contract into an agreement that will impact present and future interests; thus, it is critical that if the time ever comes that the prenuptial agreement is necessary, a court find the agreement enforceable. It is our strong recommendation that to best ensure the future enforceability of a prenuptial agreement, each party be represented by an attorney.