Many people mistakenly believe that a prenup agreement is only for the rich and famous or only for people with children. Realistically, a prenup is right for everyone who is planning on getting married! Whether you’re engaged or already married, the Eittreim Martin Cutler attorneys can help you craft this helpful document. Consider the following frequently asked questions about a prenuptial agreement:

When should I create the prenup?

You should create the prenup agreement with a lawyer following your engagement. If you wait too close to the wedding day, it could be argued that your partner agreed to the prenup out of pressure. Thorough conversations about having a prenup and what should be included creates open lines of communication for the relationship.

What should be included in the prenup?

The prenup can cover any situation related to finances. For example, many people include agreements concerning personal debts, assets, child support, spousal support, property division, estate planning, and more. Your Eittreim Martin Cutler attorney can help you determine what needs to be included.

I’m already married. Can I still create a document?

Yes! Instead of a prenup, we can help you create a postnuptial agreement. This document can accomplish the same goals as a prenup, except it is created after you are married. This doesn’t mean that divorce is inevitable, rather you are creating a smoother future if your relationship goes array.

What elements contribute to a valid prenup agreement?

Typically, three factors enforce a valid prenup agreement – it was entered into voluntarily by both parties (no coercion was present), it is a written agreement (it cannot be verbal), and it was signed by both parties.

Do I need a prenup attorney?

Yes. We recommend that both individuals receive independent counsel. Our team of attorneys will gladly assist you in creating this important document. Call us today with your questions: 770-225-7000.