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Protect Your Assets With Prenuptial Agreements

There are many situations where a prenuptial agreement or antenuptial agreement is appropriate and necessary prior to entering into marriage. Most commonly, when one or both parties have substantial assets or children from a prior relationship, it is wise to consider how premarital assets will be best protected in the event of the death of one party or in a divorce.

A prenuptial agreement is a contract between two individuals who are contemplating marriage. The main purpose of a prenuptial agreement is to protect certain assets from being construed as “marital” property subject to equitable distribution by the court in a divorce. Prenuptial agreements can also provide certain financial safeguards, such as alimony and support, in a divorce. Prenuptial agreements also provide for the disposition of assets upon the death of either spouse.

It is important that parties entering into a prenuptial agreement are aware of each other’s assets and that there has been full and fair financial disclosure of assets and income by each party. It is extremely important that each party to a prenuptial agreement understands his or her rights and what he or she may otherwise be entitled to under the divorce code or estate laws.

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