With almost 50% of first marriages and 60% of second marriages ending in divorce, it is important to be fully informed of your rights when entering into a marriage contract. If you have assets that you want to protect from a claim by your spouse in a possible future divorce action, contact Arn Family Law to learn about protecting assets acquired prior to and during your marriage. We will explain how the law addresses your assets and income in a divorce and how a pre-nuptial agreement (also called an "ante-nuptial" agreement) may assist you in protecting those assets and future income.
In order for a pre-nuptial (or ante-nuptial) agreement to be enforceable there must be full and truthful disclosure of all assets prior to the signing of the agreement and the agreement must be entered into voluntarily and freely with full knowledge of the meaning and consequences of the agreement. To meet these ends, the party receiving the pre-nuptial agreement should have adequate time to consider the meaning and ramifications of the agreement and to obtain separate legal counsel to advise them of their rights. Accordingly, don't wait till a week before the wedding to present your betrothed with a pre-nuptial agreement for signature. It is critical that the receiving party have time to thoughtfully consider the agreement and obtain counsel before signing it. A party that is rushed into signing a pre-nuptial agreement on the eve of the wedding may later try to set the agreement aside claiming that they signed the agreement under duress and without adequate time to consider its meaning.
For more information on pre-nuptial agreements and how we can assist in drafting or reviewing your agreement, call Arn Family Law at (240) 345-2015, send an email to email@example.com, or use our online contact form.