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 in a marital property state is premised on a 50-50 split of assets that accumulate during the term of the marriage. A prenuptial agreement can reclassify that property per your agreements.
A prenuptial agreement can help to clarify the property the couple consider separate and can help to prevent commingling during the marriage, which could change it from separate to marital. A prenuptial agreement is also often used to protect the property rights of children from a first marriage.
A postnuptial agreement is similar but created during a marriage, and it is subject to the same constraints as a prenuptial agreement.
Advice Of Counsel
When you and your future spouse are considering a prenuptial agreement prior to marriage, you should both have independent counsel. By having your attorney review the agreement, you can both protect yourself from being manipulated by your spouse and from allegations that the agreement is not valid because you were placed under duress or did not understand what you 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.