Jacquelyn S. Gonz, Attorney At Law Llc

Why you should have a prenuptial agreement

If you recently accepted your partner's proposal for marriage, congratulations. As you start planning your wedding with close friends and loved ones in St. Louis and the Jefferson County areas, be sure to think ahead beyond the honeymoon. You may feel so in love with your partner that you cannot fathom the idea of separation or divorce. Though you have committed yourself to your soon-to-be spouse and are ready to spend the rest of your life with him or her, life happens. When you go through divorce or death, sometimes what appears to be the strongest of relationships comes to an end. 

You should prepare for anything life throws your way, especially if it is a divorce. If you and your spouse have personal or business assets, it is a good idea for you to enter into a prenuptial agreement. It gives you and your partner the opportunity to preserve your wealth, protect your interests and eliminate surprises in divorce. Here are some things for you to consider about prenuptial agreements

You maintain control instead of giving it to the courts 

With a prenuptial agreement, you can choose how to divide your assets. You and your fiancé should talk about how divorce can affect your finances. This may seem like it is an unpleasant and unromantic conversation for you to have, but when you think of how nasty divorce can be, it is easy to see how beneficial a prenuptial agreement is. 

When discussing the agreement, be sure to consider your partner's needs. Do not become so focused on what you want that you fail to listen and compromise when necessary. If you encounter issues that do not seem fair, do not force them. Negotiate instead. 

Keep in mind there are some things you cannot add to a prenuptial contract, such as child support, custody and visitation. You and your fiancé must also fully disclose all assets, liabilities and income. If either of you is not truthful or coerced into signing the contract, it becomes void. No court will enforce it. 

There is a fine line in what you can and cannot do with a prenuptial agreement. There are also requirements that it must meet for it to be valid. Consider speaking to an attorney for guidance so you and your partner can move on and continue planning your wedding.

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