285 Hustler 020923

Dear Davis Schilken,

I just recently proposed to my girlfriend (now fiancée) and now her parents insist the two of us sign a prenup before we get married. How can I appease my in-laws while still protecting my rights?

Sincerely, Perplexed by a Prenup

Dear Perplexed by a Prenup,

First off, let us congratulate your fiancée and you on your pending marriage. We hope your wedding day is as amazing as your life together will be!! Now, let’s get down to the business of nuptial agreements, which can either be done prior to or after marriage.

Marital agreements, both prenuptial and postnuptial, are a written contract executed between a couple to specify what will happen to the couple’s assets in the event of divorce or death.

Even if you build a happy, healthy marriage, one spouse will likely outlive the other. Marital agreements can give partners peace of mind about the financial future.

When you’re about to get married, divorce is the last thing on your mind. However, the reality is that between 40 and 50 percent of first marriages end in divorce. If you bring significant assets to your marriage or if your fiancée has significant debts, a pre-nuptial agreement is an important way to protect yourself financially. The attorneys at Davis Schilken, PC can draft a prenuptial agreement that details the assets and debts of both parties to be married and explain how property will be divided and support handled in the event of death or divorce. The agreement can encompass children’s and grandparents’ rights, if desired.

There are a few requirements that a nuptial agreement must meet before it becomes valid. These include the following conditions -

• The nuptial agreement must be written, signed, and notarized.

• The agreement must include valid disclosure of assets and financial obligations between both parties.

• Threats, force, or emotional duress must not have influenced the creation of the agreement.

• Terms of the agreement must not appear unethical or lacking fairness.

If nuptial agreements aren’t drafted correctly, they may do nothing but complicate things further. Unfortunately, just because you have created an agreement in writing doesn’t mean that it is presumed to be valid or enforceable. Therefore, it’s crucial that you have a nuptial agreement reviewed by a qualified lawyer to ensure everything is executed properly.

Contact the Davis Schilken, PC team with any of your Estate Planning needs (303) 670-9855. We offer no obligation in person or virtual meetings. We make estate planning simple!

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Pramberger Baby Grand Piano Ebony Black. 10 years old.

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