Premarital Agreements, also called Prenuptial agreements, are being used more and more. A premarital agreement settles before the marriage begins, what will happen in the event of a divorce. A cohabitation agreement can be prepared for parties who live together but do not marry. Something similar could be used in a same sex domestic partnership.
Most parties who are getting married for the second time, especially when there are children from a first marriage would be advised to have a premarital agreement. Simply said, you had a life before you entered into this second marriage which included working for assets that you now own and responsibilities for children. If you were to divorce your second spouse, you would want to be sure to keep the assets you brought into the marriage and you would want to preserve those assets for your children. Rather than being a way to “kill the romance,” a premarital agreement is a wise way to determine your future before you remarry and is a loving gesture saying, “I want you, not your money.”
We have prepared a variety of premarital agreements, with different clauses that fit each particular situation. We can advise you on the pros and cons of different parts of the premarital agreement and both parties can work together to draft a contract that you can both feel good about.