There are not a lot of things you can’t include in a prenuptial agreement. One of those things I talked about in previous posts were provisions regarding children. Another one are provisions regarding sex during the marriage.
I have had requests to include provisions dealing with a sex schedule for the couple. In those cases, I [...]
You’ve decided with your fiance that you both want to have a prenuptial agreement drawn up and signed before getting married. You’ve even gone as far as each retaining separate attorneys. You’re now ready to meet with your respective attorneys for the first time. Please don’t go into the office empty handed because it will [...]
I often get asked what can be included in a prenuptial agreement and if what they want to do is “odd” or “weird”. You can do anything you want with a prenuptial agreement. If you want to make everything separate before marriage, during marriage and/or after marriage, you can do so. If you only want [...]
Just like in any healthy, normal relationship where it takes 2 people to make it work – when a prenup is drafted, there should be 2 attorneys. One attorney represents one party and the other attorney represents the other soon-to-be-spouse.
In addition to drafting prenuptial agreements, I also handle a lot of divorce cases. I’ve seen [...]
Yes. A prenuptial agreement is simply a contract. A valid contract is valid in all 50 states despite the change in divorce laws and location.
What about states like California and New Mexico that have community property?
Well, in those states, your prenuptial agreement will still be valid! Community property laws or the Equitable Division laws of [...]
All gay, lesbian and same-sex couples who are planning to marry should get a prenuptial agreement. This is more important for a same-sex couple than for a heterosexual couple. Let me explain.
Because of the Defense of Marriage Act (DOMA), constitutional bans on same-sex marriage in other states, and a lack of same-sex marriage laws in [...]
Yes and no.
In one of my previous posts, I had talked about the criteria for upholding a prenuptial agreement in court and one of the factors was fairness. When I talk about fairness, it is on a spectrum of how unfair it is. It’s not whether the prenuptial agreement is fair – or not.
A prenuptial [...]
Who needs to get a prenuptial agreement (also known as a premarital agreement)?
Anyone who’s getting married. A prenup isn’t only for individuals or couples with a lot of money. It is a versatile document that not only outlines how pre-marital assets are to be treated but also debts, marital obligations, future division of [...]
Spring and Summer are traditionally the seasons when most people get married. So it’s not a surprise that I’ve been getting a huge number of calls and clients asking for prenups (or more properly prenuptial agreements or premarital agreements).
The unfortunate thing I find myself telling most of these clients is that they should’ve contemplated [...]
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