Do You Need A Prenuptial Agreement?
A prenuptial agreement can provide a sense of security for a couple before they formalize their marriage. In order to create a valid and enforceable agreement, it is necessary to examine both parties’ finances. This examination can help both parties understand their finances and properly set expectations for a division of assets in the event of a divorce.
Our attorneys at Thelen & Associates, LLC can help with any aspect of a prenuptial agreement, and you should always consult an attorney prior to signing an agreement.
Division of property Wisconsin is premised on a 50-50 split of assets and debts. A prenuptial agreement can reclassify that property per your agreements.
A prenuptial agreement can help to clarify the property the couple want to keep separate. It can help to keep it separate during and after the marriage. A prenuptial agreement is also often used to protect the property rights of children from a first marriage.
A postnuptial agreement is a similar agreement but created during a marriage. It is subject to the same constraints as a prenuptial agreement.
Advice Of Counsel
When you are considering a prenuptial agreement prior to marriage, you should have independent counsel. By having your attorney review the agreement, you can protect yourself from future litigation that the agreement is not valid or your spouse did not understand what they were signing.
Timing Of Agreement And Duress
Because of the significant property rights that can be affected by a prenuptial agreement, it is important that these issues not be raised at the eleventh hour shortly before a wedding. A prenuptial that was signed on the eve of the wedding with one spouse lacking advice of counsel is highly vulnerable to challenge in court.
Contact Our Firm
We can help you understand how these agreements function in Wisconsin and protect your rights. Call our Waukesha office at 262-955-8241 or use our online form to request an appointment with an experienced prenuptial agreement lawyer.