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Prenuptial Ageements

A prenuptial agreement is a contract between two people about to be married where one or both of the parties are looking to protect certain interests going into the marriage and to avoid certain issues in the event the marriage fails. A prenuptial agreement will help people more efficiently and economically disentangle themselves, financially and otherwise, in the event of a divorce.

Whether a prenuptial agreement should be entered into will depend on the circumstances of the case. For instance, is significant property being brought into the marriage or remarriage? If so, a prenuptial agreement can help protect this “separate” property in the event of a divorce.

While separate property is not subject to equitable distribution and division in the event of a divorce, it can be very difficult to prove that property is "separate", especially in a long term marriage where records of premarital property, for instance, have been lost or are no longer available. However, a prenuptial agreement can serve as an acknowledgement by the parties as to what property each party is bringing into the marriage.

Also consider that it will be easier to negotiate a fair, amicable and expeditious agreement between people looking forward to a promising future together (during the "calm" before the marriage) than between people who are often hurt, fearful or antagonistic (during the "storm" before the end of the marriage).

A prenuptial agreement may not be romantic. But it is the single best way to obtain protection in the event of a divorce.