Andrews Family Law and Mediation Offices
Premarital Agreements

'Pre Nups'

A premarital agreement (or sometimes called an a prenuptial agreement) is a written contract created by two people before they are married. A premarital agreement typically lists all of the property and debts of each person and specifies what each person's property rights will be after the marriage.

Couples from every financial bracket, (rich, poor or somewhere in between) can find a premarital agreement useful in defining their future relationship on a whole range of issues. For example:

  • Determining in advance each personís financial rights and responsibilities during marriage;
  • Explaining how property will be divided if a couple later separates;
  • In the unfortunate event of a divorce, determining whether or not either spouse will receive alimony/spousal support;
  • Acting as an instrument to protect spouses from each other's debts before or during marriage;
And many, many other important issues.

Children From Prior Relationships

In a situation where one or both parties were either previously married and/or have children from a previous relationship, a premarital agreement may be useful, among other things, to make clear what should happen to their property when they die. For example, they may desire to leave their separate property to their children and still provide for their new spouse, if necessary.

Do We Need A Lawyer to Create a Premarital Agreement?

In short, yes. You need two. The reason is that should your relationship end, a family law judge will look very carefully at your premarital agreement. If you want your agreement to pass the court’s scrutiny, having had independent lawyers advise each party could be critical to the court honoring the premarital agreement in whole or in part. Furthermore, each having a lawyer can help to ensure that neither side is taken advantage of in the premarital contact.

Marriage is intended to last a lifetime. However, in the event it does not, a premarital agreement should protect both parties. This is why at Andrews Law and Mediation Offices, we believe that a well drafted premarital agreement is vitally important.

Additionally, we believe that, among other things, a good premarital agreement may actually stave off divorce in some cases. (No guarantees of course!) When a couple begins their relationship with open, candid discussions and thorough financial disclosures as well as agreement on key issues, the couple can avoid future disagreements that may lead to separation.

Andrews Law and Mediation Offices can either draft a premarital agreement for you or review a proposed premarital agreement drafted by your fiancé’s attorney.

To get started, please fill out the Initial Consultation Form, which you may e-mail or fax directly to us, and a member of our staff will call you to arrange for a consultation appointment.