If you are getting married and want to protect your assets, then yes. A prenuptial agreement is a negotiated document, signed by a couple prior to their marriage. The document will typically lay out ownership of property, money, and assets. This document will be binding in Court as long as the document is entered into freely, knowledgeably, and in good faith. All assets of both parties must be fully disclosed or else the document will not be considered enforceable. It is very important that each person has their own attorney to ensure that each of you have full knowledge of what is going on and what you are signing and also make sure the agreement is enforceable.
In the event of a divorce, the agreements you made prior to marriage in the prenuptial agreement is what the Court will use to split the assets. It can also protect one spouse from debt that another spouse is bringing in the marriage. The agreement can further dictate how you will handle finances throughout the marriage. It can also waive any claims to alimony in the event of a divorce.
Having a prenuptial agreement can ensure that there is protection for both parties’ property prior to the marriage. Particularly if you have children from a previous marriage, certain property you’re bringing into the marriage, or a business that you would like to keep, you may want to consider having a prenuptial agreement drawn up prior to your marriage.
If you need a prenuptial agreement prior to your marriage, contact Angel Kane at Kane & Crowell Family Law Center at www.kane-law.com or by phone at (615) 784-4800. We handle cases in Wilson County, Sumner County, Trousdale County, Macon County, Smith County, and Rutherford County and are happy to put our experience at work for you.