The creation of a prenuptial agreement is a task that requires the utmost detail as well as extensive knowledge of family law and more specifically especially the legal requirements associated with creating a valid, binding agreement.
This is a job that should not be left to someone who has minimal experience in this area and has not drafted several prenuptial agreements. The law provides for very strict rules regarding the timing of when parties can enter into a prenuptial agreement as well as regarding the proper financial disclosure that must be exchanged between the parties. If these rules are not strictly complied with, then your prenuptial agreement might not be held up in court. No two prenuptial agreement are alike as everyone’s circumstances are different. Part of the prenuptial agreement process should be meeting with your attorney to discuss your individual circumstances so that a specific individualized agreement is prepared and not a generic form which the same attorney uses in all cases.
Common questions regarding prenuptial agreements are as follows:
Can a prenuptial agreement address where our children will live if we get divorced?
No, a prenuptial agreement cannot legally contain provisions regarding child custody, parental responsibility, child support or timesharing.
Can you represent both me and my future spouse with regard to a prenuptial agreement?
No, an attorney is prohibited ethically from representing both parties with respect to a prenuptial agreement.
Can the prenuptial agreement prohibit my spouse from seeking alimony from me?
Yes, all forms of alimony can be waived except temporary alimony.
If I own property before the marriage, will this property be protected if I get a prenuptial agreement?
Yes, if your agreement is drafted correctly and in accordance with the law. If the prenuptial agreement is drafted correctly, then all increases in the value of the property during the marriage (both passive and active) will be the separate, nonmarital property of that party. This is an issue where specific drafting is required. The law regarding the proper language required to waive increases in the value of property during the marriage is very detailed and specific.