Why Get a Prenupcial Agreement
At Red Leaf Law, we understand that getting married is as stressful as it is exciting but taking time to create a prenuptial
agreement can lessen the stress and lead to a more predictable, long-lasting, and happy marriage. In addition, getting a prenuptial agreement allows couples to take control of their marital goals and can be an extremely useful estate planning tool. Drafting a prenuptial agreement can stimulate invaluable conversation among couples that helps them identify long-term goals.
What factors to Consider in Planning a Prenup
Subject to certain state limitations, prenups may be as novel and complex as you and your spouse desire. Consequently, there are many factors to consider in planning a prenup. Too often couples marry before asking themselves the most basic questions, such as the following:
• Who will handle the finances?
• Who will be responsible for filing and paying taxes?
• When is it acceptable to go into debt (i.e., gifts v. a home loan)?
• How will prior debt of the parties be allocated?
• How much money will be used as a down payment for the future residence? Where will this money come from?
• Who will be responsible for mortgage payments?
• Does one spouse expect a large inheritance?
• Does one spouse plan on foregoing his/her career if children are born or adopted? If so, for how many years?
• What becomes of property that each spouse owned prior to the marriage?
• What are considered “common expenses” and who will be responsible for them?
Prenuptial agreements oftentimes compel a couple to consider such factors. In addition, other factors should be considered in planning a prenup such as distribution of earnings, children from prior marriages, religion, etc. This communication and managing of expectations is a great preventive measure against the number one cause of divorce – lack of communication. Contact Red Leaf today for a free initial consultation and one of our attorneys will further discuss factors to consider in planning a prenup.
