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BRIEF BYTES: Question and Answer
Forum
The purpose is to answer frequently
asked or unusual questions. Topics will range from real estate,
business, litigation and trusts and estates. Your feedback
is appreciated. Direct your comments to Cherisse Roy at croy@scott-harris.com
Question: I am considering marriage. Do I really need
a prenuptial agreement?
Response from Cynthia Jackson,
Esq.:
 People
in the following situations need a prenuptial agreement:
- Those marrying for a second (or more) time who have children
from a previous marriage whose rights they should protect
- Those who have the expectation of a sizeable family inheritance
and want to protect it from the claim of an ex-spouse
- Those who have built a successful business through their
own efforts and do not want to lose that business to an
ex-spouse
- Those who have assets or a business that should stay
in the family
While it may seem heartless to think of money,
divorce and death while planning a new life together, it really
makes good sense. Discussion of these possibilities early
and resolution of the issues will avoid some of the anger
and heartache that can occur upon a later death or dissolution
of the marriage. Even though a prospective bride or groom
may trust his/her spouse, what about the spouse's heirs?
A
couple that is contemplating a prenuptial agreement must do
it early in the planning to allow for the proper drafting
and review of the agreement. Do not wait until the week before
the wedding to insist on such an agreement or run the risk
of having a later court set it aside. Both members of the
couple should have an attorney. While this may seem like an
unnecessary expenditure of funds, if the agreement is challenged
later, it will be the best money ever spent because it is
important to show that the agreement was fairly bargained
by both parties.
A
prenuptial agreement should be fair to both parties. If one
spouse is significantly wealthier, he/she should make some
provision for the other spouse, especially if the marriage
lasts for many years. Both parties should disclose their assets
fully and completely.
With qualified counsel and preparation
on the part of a couple, it is possible to create an agreement
that will allow them to marry with confidence.
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(561) 624-3533. To correspond online, please fill
out our contact form with your comments.
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