Prenuptial and Postnuptial Agreements in Missouri
Kansas City Divorce Lawyer
Prenuptial and postnuptial agreements are legal contracts that couples use to help protect their assets in the event that they happen to get divorced. Prenuptial and postnuptial agreements are slightly different in that prenuptial agreements must be entered into before the marriage is finalized and postnuptial agreements are drafted after the marriage has been legalized. The time that the contract is executed is the only main difference between the two.
Prenuptial agreements and postnuptial agreements are widely sought after by couples who have children from a previous marriage. These contracts can allow the parent to protect their best interests. Couples who have been through a contentious divorce battle before also tend to favor these contracts when entering into their next marriage so that that does not happen again. Lastly, prenuptial agreements are beneficial for individuals who have a significant amount of assets or inheritance and are entering into a marriage. This way their inheritance and other assets can be protected and the individual can have peace of mind as they enter into matrimony. If and your fiancé are looking to draft a prenuptial agreement, then speak with a Kansas City family law attorney from our firm today.
The Benefits of Prenuptial & Postnuptial Agreements
As individuals enter into marriage, not everyone has the desire to combine their assets after the wedding. Some people choose to keep their assets completely separate, even after marriage, and a prenuptial agreement can help you do that. If the couple happens to file for divorce down the road, their assets will already be separate and the divorce process will be much smoother. In order for a prenuptial or postnuptial agreement to be legally enforceable, the parties must enter into the agreement willingly and fairly and they must understand the agreement they are entering into. There must also be full disclosure when it comes to their assets and debts and neither party can be forced into signing the agreement.
When creating a prenuptial agreement, it is always wise to have the document signed well in advance prior to the wedding. If you sign the prenup just days before the wedding, one party may claim that they were forced or pressured into signing it. In order for these contracts to be enforceable in court, they must be seen as fair. If the court believes that the agreement favors one side more than the other, they may not enforce it.
What to Include in a Prenuptial Agreement
When creating this legal document, it is important that you cover all of your bases and don't leave anything out. Prenuptial agreements cover the entire critical key issues so be sure to include the following:
- All your assets, debts, gifts and inheritances
- How to pay the premarital debts
- Plan out how the proceeds of all premarital property will be divided
- Figure out who will be able to keep the marital home or other property
- Identity if the gifts, trust and inheritances are joint or separate
- Discuss alimony payments in the event of divorce
- Address the matter of death benefits
- Plan out matters such as medical care, disability insurance and long-term medical care
Contact a Kansas City Family Law Attorney
Prenuptial and postnuptial agreements must be written with certain legal language in order to be enforceable by the court. That is why it is vital that you have an experienced family lawyer assist you in drafting these agreements. Here at The Reynolds Law Firm, LLC, we have extensive experience drafting and enforcing prenuptial and postnuptial agreements. We know what to include and how to properly protect your assets as you enter into this new stage of life. Our legal team has over two decades of collective experience and we have a long list of case victories for past clients.
Our firm is dedicated to protecting the rights of our clients and we proudly serve families in and around Kansas City, MO. If you have an old prenuptial agreement that you wish to modify or you need assistance enforcing your agreement in divorce court, speak with a Kansas City divorce attorney from our firm today. We offer a confidential consultation, so call today to discuss your case. Our firm provides high caliber legal representation and we stand ready to help you with any family matter that you are facing.
Contact our Kansas City firm today to learn how we can help you!