Prenuptial agreements, or pre-marital agreements, are an agreement done by couples prior to their marriage that contemplates what their financial arrangement will be in the event that they get a divorce. Although most couples planning to get married want to consider divorce, a Hamilton County prenuptial agreement could save some future worry and frustration.
When going into a marriage, you should have peace of mind that your property and assets are safe. A seasoned lawyer could confirm that the agreement is enforceable by ensuring that there is full disclosure, that both parties are represented, and that the agreement is conscionable, which could be beneficial to both of your futures.
Typically, financial settlements or orders issued by the court in divorce cases are discretionary, as the court may have the discretion in setting a spousal support amount, dividing the marital estate, and more. Fortunately, a prenuptial agreement sets rules for those terms to take the discretion away from the judge and allow the parties to make those arrangements prior to having a hearing on a divorce and having a judge make decisions on a divorce. For example, the agreement could ensure that the spouse who is not as financially secured has mechanisms for which they can become financially stable as a result. It also gives them certainty as opposed to allowing a judge to decide what they would be entitled to during a divorce.
If a couple goes through with filing an agreement that is unfair, it could lead the court to determine that the agreement is not enforceable, as Hamilton County prenuptial agreements must be fair and equitable. If they are not, a judge may not approve them at the time of filing, causing time and money lost for the couple. There must also be a full disclosure of both of the individual’s assets. The spouse signing the prenuptial agreement could be giving up some of their financial rights, so each party must have full knowledge of what a prenuptial agreement has to offer. A skilled attorney could provide a full explanation of the financial disclosure requirement and ensure all assets are provided before filing.
To avoid possible mishandling of the agreement, both spouses should retain legal representation to file their agreements and confirm both parties are treated equitably in the event of a separation.
Filing a prenuptial agreement does not guarantee you are going to separate from your partner. Instead, it provides financial disclosure from both parties and creates a safety net to save you future stress. An attorney who has experience in this area could help you set up an agreement that would be in both your and your partner’s best interest.
Filing for a prenuptial agreement in Hamilton County could provide assurance that you are not giving up your rights. Call our firm today to set up a consultation.