The Truth About Prenuptial Agreements
If you own a home, a bank account or a business, you should consider obtaining a prenuptial agreement before you are married. The attorneys of Brinkman & Associates review, draft and litigate prenuptial agreements for our clients.
Treating Some Assets Differently
One of the greatest values of a prenuptial agreement, also known as an antenuptial agreement, is that it legally establishes the ownership and value of your assets prior to the marriage. This is invaluable information that can be used in determining whether an asset is separate or marital property should you ever decide to divorce.
Prenuptial agreements are important if you want to treat some assets differently, such as a family business. Our goal is not to disinherit a spouse, but to find fair ways of phasing in his or her property rights, depending on the length of the marriage. Prenuptial agreements are also valuable in second marriages, in which parents may wish to protect the inheritance rights of their children from a prior marriage.
Validity And Enforcement
Our attorneys have been successful in enforcing the terms of prenuptial agreements and in finding them invalid. In some cases, we have broken prenuptial agreements that were created under duress or when our client was not represented by his or her own lawyer.
It is extremely important to have an experienced lawyer draft or review any prenuptial agreement because they stay in effect until death or divorce.