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Understanding how a prenuptial agreement could help you

A marriage between two loved ones is considered one of the most cherished moments in a person's life. The last thing a couple on the verge of marriage wants to talk or even consider is the possibility of a divorce. But in St. Charles and throughout the United States, a high percent of marriages do not last. With that in mind, it is important to understand, and at the very least consider, the potential benefits of forming a premarital agreement, often called a prenuptial agreement or prenup, prior to a marriage to protect each person's property in the event of a divorce.

A prenuptial agreement can protect the property of a person that was earned prior to the marriage. This may include physical property, businesses and investments. It may also protect inheritance rights of children and grandchildren of a previous marriage. A prenup can also protect one spouse from the debts of another.

In addition to just the protection of each person's personal property, prenups may be used to form an understanding of the responsibilities of each spouse in the event of a divorce. In essence, prenup topics and decisions do not have to be entirely based on property division.

Specific laws regarding prenuptial agreements vary by state. Although a prenup may be created without professional assistance, if not properly formed, it may not be valid in a court of law. It may be wise to seek the advice and experience of a family law attorney to understand all of the benefits of a prenup, and to understand how to form a prenuptial agreement that would be legally binding.

Source: FindLaw, "Pros and Cons: Premarital Agreements", Accessed May 26, 2015

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Joseph J. Porzenski
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