${site.data.firmName}${SEMFirmNameAlt} Main Menu
Call Today: 855-805-0595

Preparing a prenuptial agreement

17858931_S.jpgMissouri couples who get married do so with the idea that it will be forever. However, a significant number of marriages end in divorce, which can severely change each person's life plan. One way to prepare for the possibility of a divorce is by drafting and signing a prenuptial agreement before the wedding.

The agreement should be prepared and signed well in advance of the wedding so as to preclude a later challenge by one of the parties claiming coercion. Generally, they must be written documents, signed by both parties who have retained separate legal counsel during the process. In preparation, each party must reveal all their assets and liabilities. Assets can include stocks, bonds, retirement accounts, annuities, bank accounts as well as the appraisal values for any homes or vehicles owned by each party. Liabilities include debts such as student loans, credit card debt and auto loans.

Once the assets and liabilities are identified, the parties need to gather supporting evidence for each and then provide this information to the other party's legal representative. During negotiations, future outcomes need to be considered, including whether to give up alimony in the event of a divorce, and when and if the agreement will end after a period of time. This last is called a sunset clause. Couples also need to discuss what is considered separate and marital property and how this will be handled after the marriage. Finally, each party should figure out if they have been named beneficiaries for inheritance from a relative since this information will also impact how the agreement is written.

A prenuptial agreement can be used as a tool of protection in case a marriage fails. Negotiating a fair one often depends on experience and knowledge. An attorney with family law experience might provide a client with both.

No Comments

Leave a comment
Comment Information
2015 Top 100 Lawyers - ASLA Lead Counsel Rated Rated By Super Lawyers American Legal Institute | America's Top Attorneys 2016 Nation's Premier Top Ten Ranking 2016 | NAFLA 10 Best 2014-2017 | 4 Years Client Satisfaction | American Institute of Family Law Attorneys ™ Avvo Rating 10.0 Superb The National Trial Lawyers National Association of Distinguished Counsel | Nation's Top One Percent National Academy of Jurisprudence Rue Rating | Best Attorneys Of America | Lifetime Charter Member The National Advocates Top 100 Lawyers | America's Premier Attorneys Law Firm 500 | 2016 Honoree America's Top 100 Attorneys American Jurist Institute Top 10 Attorneys American Jurist Institute Top 10 Attorneys 2017
Stange Law Firm, PC

Stange Law Firm, PC
1506 Chapel Hill Rd.
Suite H
Columbia, Missouri 65203

Toll Free: 855-805-0595
Fax: 314-963-9191
Law Office Map