Prenuptial Agreements in Franklin, Tennessee
Prenuptial agreements document your agreement in advance of marriage to protect them in the event of a divorce, but also potentially upon the death of a spouse. The prenuptial agreement can address property ownership, property division, alimony, and many other legal issues which must be determined in the unfortunate circumstance of divorce. You can also designate each spouse's rights and obligations upon the death of the other.
Planning a Future Together Without Financial Worries
Ideally, prenuptial agreements will be prepared well in advance of the wedding, reviewed by each party with his or her separate counsel, and be detailed. This will help if one of the parties tries to claim the agreement should not be enforced. Drafting a prenuptial agreement requires skill and experience, as even when a prenuptial is signed, it is possible that it could be challenged later. Every word in the agreement matters, and it is imperative that it is written correctly. That’s when we can help.
Why Get a Prenup?
At one time, prenuptial agreements were for the rich and famous, but those days are long past. There are many valid reasons for having a prenuptial agreement, and every couple is different.
Some of the issues that can be addressed with a prenuptial agreement include:
- Protecting assets you want to pass on to your children
- A clear outline of separate property owned by each party
- An agreement regarding what will occur should the marriage end
- The rights of each party if the marriage ends
- Protections against debts accrued by the marriage partner
- Alimony waivers, although these are often contested
- Protecting an inheritance
- An outline of the marital responsibilities of each party
Your prenuptial agreement should not include issues regarding parenting plans or child support, as these matters are decided by the court or through the collaborative divorce process.
Is Your Prenuptial Agreement Enforceable?
To create a prenuptial agreement that will be enforceable if the marriage ends will require extensive legal work. A boilerplate prenup downloaded from the internet will rarely be effective. After a marriage ends, the two parties may or may not feel favorable toward the prenuptial agreement, and the more comprehensive and well-drafted the document, the more likely it will stand up if challenged. No one wants to think about a breakup when on the verge of marriage, but many professionals choose to put one in place for the benefit of both parties.
If you think you might need or want a prenuptial agreement, talk to an attorney at Harrington Law, PLLC. Contact us for a prenuptial agreement in Franklin, Davidson County, Williamson County, and Middle Tennessee. Call us at (615) 560-8599 today.
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