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Premarital Agreements

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Family Law - Premarital & Pre-Nuptial Agreement

A PreMarital or Pre-Nuptial Agreement is a contract between a man and a woman who plan to get married. The purpose of the agreement is to protect assets or income of the parties. Generally, couples will sign such an Agreement when one or both of the parties have substantial assets, which have been accumulated before the marriage.

The first step is to sit down with your soon to be spouse and honestly communicate to each other your respective feelings, needs and desires. Among the purposes people have in wanting such written agreements is to try to ensure that their assets remain theirs if the marriage fails, to provide that their assets, or at least a large portion of them, go to their children in the event of death, and to work out arrangements for matters that may become problems after the marriage.

Laws in each state governing these agreements vary from state to state. To be valid in most states the agreement must:

  • Make full and complete written disclosure of each others' assets and liabilities, well in advance of the wedding,
  • Make sure that the terms are not unreasonable, and would be considered fair, under the circumstances, and
  • Give both parties a reasonable opportunity to review the proposed agreement with his and her own independent legal counsel well before the wedding.

It is highly recommended to consult with a qualified family law specialist to translate your needs and desires into a binding contract that is enforceable. Why trust an inexperienced attorney with your legal needs?


If you are in need of legal advice or services, or simply wish to speak to an attorney who has successfully handled Premarital Agreements in your state, you may use this Free Online Consultation Form.

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