Do I Need a Prenuptial Agreement?

If you are soon to be entering into a marriage and are considering your options for signing a prenuptial agreement before you tie the knot, you’ll need to know what your options are. Here ay Jeremy Bryant Law, our skilled attorneys will provide you with the legal counsel that you need to ensure that you are always protected. Continue reading for more information about prenuptial agreements. 

What is a Prenuptial Agreement?

When you get married to someone, all of your belongings legally become theirs as well, and vice-versa. In the unfortunate case of divorce, the two individuals have to then undergo the process of splitting up the belongings, property, and other assets that were previously shared. This can often be a very messy process, especially when emotions are involved. 

A prenuptial agreement, commonly referred to as a prenup, is a legal document that encompasses the assets of both individuals in their entirety prior to entering a marriage together. The agreement helps ensure that in the case of divorce, all assets will remain the legal property of the original owner; there will be no opportunity for the assets to be split up or achieved by the other individual through legal proceedings. Ultimately, this makes it easier for a financial agreement to be reached that will work for both parties.

Should I Sign?

Whether or not you sign a prenuptial agreement with your new spouse is completely up to you. Consider your assets, as well as those of your partner. Consider how it would affect you if any of your assets were to be divided in half and awarded to your partner, and vice-versa. Ultimately, a prenuptial agreement is nothing but a simple layer of protection for both parties.

For those who are entering a new marriage with a child or children from a previous relationship or marriage, a prenuptial agreement may be strongly considered in order to protect the financial interests of the child, if nothing else.

Do I Need To Sign Before I Get Married?

A prenuptial agreement must be signed by both parties prior to the marriage becoming official, but if you have already gotten married and wish to protect your assets, it is not too late. In this case, a postnuptial agreement can be discussed and arranged in order to ensure financial security for both individuals who have entered the marriage. In many cases, a postnuptial agreement is used in the case that one party purchases real estate, opens a business, or makes a financial investment. Here at Jeremy Bryant Law, we are happy to provide both prenuptial and postnuptial services to our clients. 

Discussing a Prenup With Your Partner

Entering into a prenuptial agreement does not mean that you are planning for your marriage to fail. It simply means that both you and your partner wish to stay financially independent and secure throughout the marriage, and in the case of divorce, that both may leave with what they entered the marriage with. Take the time to discuss a prenuptial agreement in a calm environment. Encourage your partner to express their thoughts or feelings, and remain open during your discussion.

For more information about prenuptial agreements in Kentucky, give us a call at 606-261-7381.