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Pre and Post-Nuptial Agreements

Pre-nuptial and post-nuptial agreements are tools to help you manage your marriage better.

The topic of marriage agreements is understandably sensitive for many couples. After all, you are committing your lives to one another and agreeing to share everything from a home to children. Many question whether a true commitment in marriage can come with strings attached – strings that provide legal protection should the marriage end.

The facts are clear – many marriages end in divorce. More and more people are marrying after establishing their careers and building a financial foundation on their own. It’s important to protect what you bring into a marriage, even if it seems less-than-romantic.

Discussing a Pre-Marital or Post-Nuptial Agreement with Your Spouse

If you haven’t already and you are considering bringing up the topic of signing a pre-nuptial agreement, you are likely a bit nervous. For many couples, this is the most difficult topic to discuss, but it is important. It should be treated just as all important legal matters are treated, even if they include an unpleasant discussion. The bottom line is both you and your new spouse will be happy you made arrangements and answered questions that are bound to arise should things not go as planned in your marriage.

Creating a marital agreements before marriage or shortly after marriage can also put the minds at ease of family members. Nobody has the right to tell you to marry someone or not, but creating a pre-marital agreement to protect your interests can help even the most stubborn relative relax and feel joy for your new marriage.

What’s the Difference between Pre- and Post-Nuptial Agreements?

The difference between a pre-nuptial agreement and a post-nuptial agreement is when it is signed. Pre-nuptial agreements are signed prior to the marriage becoming legal and can be used when one or both spouses has substantial property or financial assets.

Post-nuptial agreements provide similar protection to pre-nuptial agreements, but not signed until after the marriage is finalized. Couples often decide to create agreements after their wedding because they were unsure beforehand if the document was necessary or because they felt discussing issues in advance would dampen the celebration.

Aren’t Pre-Nuptial Agreements Only for People with a Lot of Money?

Though people of significant financial means are more likely to create a pre-nuptial agreement, they are really a tool that can be helpful in any marriage. Determining if a pre-nuptial agreement is necessary is a personal decision. It requires some reflection on your status in life as you enter into a marriage. In addition to financial assets, it’s also important to consider the well-being of your children from previous relationships. Pre-nuptial agreements provide legal protection for your existing children as you enter into a new phase in your life.

Both pre- and post-nuptial agreements are intended to provide peace of mind. They can help you enjoy a healthier marriage and make ending the marriage, if necessary, much less stressful.

Are you and your new spouse are ready to discuss a marital agreement? Do you have questions you would like answered before you walk down the aisle? We can help. Contact The Law Offices of Robert M. Geller at (813) 405-1509 or use the online contact form.

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