Why Consult With a Lawyer to Draw Up a Prenuptial Agreement?

29 July 2015
 Categories: Law, Blog


A prenuptial agreement may not be very romantic, but it's often necessary in today's world where divorces can get messy and unpleasant. It can also serve as a protection for both spouses during a split, and using a lawyer to draft the agreement can make it easier for couples to discuss its terms.

Before you assume that you won't need a prenuptial agreement or a lawyer to help you draft it, note how it can protect you and why it's good to have a lawyer work with you:

Why consult with a lawyer in the first place?

One thing to remember is that a couple cannot write down anything and everything they prefer to have happen during their marriage and expect the courts to recognize this as a legal prenuptial agreement. This type of legal agreement shouldn't include minor issues like chores around the house, whether or not a spouse is allowed to gain weight, and so on. Have a lawyer discuss the prenuptial agreement with you so you know it will hold up in court if you should decide to divorce.

How does a prenuptial agreement protect your property?

While typically property is considered jointly owned once a couple get married, there may be certain items of property that one would like to retain after a divorce, and this can be outlined in a prenuptial agreement. For instance, they may enjoy a country vacation cottage that has been in the wife's family for years. After a divorce, she may want to keep it in her family name.

Without a prenuptial agreement, the husband may have rights to it even if her family owned it for decades. However, a prenuptial agreement can address certain pieces of real property, family heirlooms, and the like.

Can prenuptial agreements be changed?

In general, a prenuptial agreement can be modified after a marriage, and a lawyer can be of assistance in advising you on how and why you might do this. As an example, once children come along, the terms of the agreement might be altered. That vacation cottage may be thought of as the children's vacation home and the husband may want to access it for when he has visitation with the children during vacation times.

The prenuptial agreement may be altered to allow him that visitation, according to certain conditions. As your circumstances change in a marriage, you might want to change the prenuptial agreement, and a lawyer can advise you on your rights and how to do this legally. To learn more, contact a company like Dwyer Law Group with any questions you have.