Many people understand the basics of a prenup agreement. When two individuals willingly sign a prenuptial agreement before the marriage begins, this document is referenced in the event of a divorce. But, it’s important to know beyond the basics of a prenup agreement before you get married. Keep reading to find out certain prenup aspects you may not know:
You Must Fully Disclose Your Assets
While you’re creating your prenup agreement with your family law attorney, you must fully disclose all of your assets. There cannot be any assets that you leave out or choose to withhold. In a sense, you are laying everything out on the table saying, “this is what I own and what it’s worth.” In the event of a divorce, a judge will decide if your spouse is privy to those assets or if they will remain yours.
Separate Counsel is Recommended
You and your fiancé should have different counsels to ensure that there is not a conflict of interest. We highly recommend finding counsel who specializes in family law. The Gray Eittreim Martin family law attorneys have decades of experience creating and enforcing prenup agreements. With such an important matter (and a lot of money on the line), it’s important to choose the right team.
Create Your Prenup as Early as Possible
Did you know that your prenup’s validity could be questioned if you asked your fiancé to sign the prenup days or weeks before the wedding day? The judge could determine that your spouse signed it out of duress, and that can negatively affect how valid the agreement is. We highly recommend creating your prenup agreement soon after your engagement and many months before the actual wedding.
Our team has years of experience helping individuals create a prenup agreement that the court will honor in the future. If you have any questions, don’t hesitate to reach out to our team today: 770-225-7000.