PRENUPTIAL OR POSTNUPTIAL
PREMARITAL AGREEMENTS CAN ELIMINATE SERIOUS MISUNDERSTANDINGS
Prenuptial agreements aren’t just for movie stars. Prenups make sense for anyone getting
married who wants to be clear on rights and responsibilities. Here is what a prenup can do
- Identify all property and debts that each spouse brings to the marriage
- Determine how property and income will be treated during the marriage
- Clarify the inheritance rights of children from previous marriages
For older people getting married, clarify health care, retirement benefits, advanceddirectives, estate planning concerns and clearly specify separate assets and liabilities.
The fundamental role of a prenuptial agreement is to establish agreed-upon plans for the manner in which property and debt are to be divided in the case of divorce or death. Some consider a prenuptial agreement to be insurance against potentially costly legal fees in the event of unexpected marital problems.
Virtually no one approaches marriage with the idea that they will get divorced. At the same time, almost everyone has witnessed marriages fall apart when no one would have expected it to happen. For marrying couples, a premarital agreement can be an expression of caring and understanding. Atkinson & Kelsey, P.A., has a great deal of experience in all areas of family law in New Mexico. We can advise you of areas of sensitivity and challenge that may be useful to include in your premarital agreement.
Even after marriage, there may be a good reason to craft a postnuptial agreement. A postnuptial agreement can provide protection against creditors and accomplish many of the aims listed above for a prenup. One spouse might be starting a business. A couple may be attempting to reconcile after a marital crisis. A postnuptial agreement can be used as a rebuilding block.
Is a premarital or post-marital agreement right for you and your spouse or soon-to-be spouse? Perhaps yes, if you:
- want to protect your spouse from the debts you may accumulate.
- want to ensure that certain property is set aside for your children.
- want to ensure that you can keep the property you want while your spouse keeps the property he or she wants in the event of unexpected family strife in the future.
- want to design a plan to efficiently address the division of property if the need to do so arises.
Create a clear contract today, avoid misunderstandings tomorrow. Our lawyers understand that entering into a marriage is an exciting moment in your life. You don’t want anything to get in the way of that, but you do want to be prepared. We can help you create a prenuptial agreement that is clear and expresses your marital plan. Call the attorneys at Atkinson & Kelsey at 505-883-3070 or write us using this online form.