Prenuptial Agreements Are 0n the Rise

April 16, 2013, by Law Offices of James V. Sansone
By Law Offices of James V. Sansone on April 16, 2013 8:00 AM |

Premarital Agreement.jpgYou survived your divorce and as you signed the final documents you thought to yourself, "I'll never get married again."

Then you met someone new and you're convinced this marriage will be different.
Unfortunately, the statistics indicate that the divorce rate is higher for second marriages so if you're thinking of remarrying, call your attorney to draft a prenuptial agreement.

What Is a Prenuptial Agreement?

As divorce rates rise, so do prenuptial agreements. The American Academy of Matrimonial Lawyers says about three-quarters of its members have seen an increase in prenups in the past five years among couples of all income brackets.

A prenuptial agreement is an agreement between two parties that protects their respective pre-marital financial interests, such as retirement funds, properties owned, investments, savings, and other financial interests.

In addition, a prenuptial agreement will record debt. This is important because if the marriage should end in divorce, you will want to be protected from your spouse's credit card debt, college loans, and default mortgage payments.

Child custody arrangements and child support can't be determined in a prenup but you can specify your preferred religious education for your children.

Reasons to Negotiate a Prenuptial Agreement

You should definitely contact a family law lawyer about obtaining a prenup if:

  • You have assets such as a home, stock or retirement funds.
  • You own all or part of a business.
  • You may be receiving an inheritance.
  • You have children and/or grandchildren from a previous marriage.
  • You are wealthier than your soon-to-be spouse is.
  • You have elderly parents whom you plan to support.
  • You are pursuing a degree in a lucrative profession.
  • You anticipate a substantial increase
. Steps to Take to Obtain Your Prenuptial Agreement

First, you will need to take an inventory of all your assets and debts. Then make an appointment with a family law attorney, even if you think your situation is uncomplicated.

Do you have questions about your divorce, children's issues, custody, guardianships, or spousal support? If so, call me or schedule a 1/2 hour FREE consultation with the Law Offices of James V. Sansone at 707-623-1875 707-623-1875 or contact me by email. You can find additional information on family law, children's issues, spousal support, domestic violence as well as a list of resources you'll find helpful on our website.