Protecting Your Property And Children Through Prenuptial And Postnuptial Agreements

It's impossible to predict the future. Many people believe they are entering a strong, lifelong marriage, only to end up divorced. In certain circumstances, a prenuptial agreement may be beneficial.

At my law firm — The Law Firm of Andrea Hirsch — I help clients negotiate, draft and review prenuptial and postnuptial agreements that protect their assets, their children and their future financial health in the event of a divorce. I also handle divorce and property division issues involving contested prenuptial or postnuptial agreements.

When Is A Prenuptial Agreement Warranted?

A prenuptial agreement is a legal contract that dictates each spouse's financial and property rights and responsibilities upon divorce. Many divorce lawyers encourage everyone to obtain a prenuptial agreement. I am not one of these attorneys. However, there are a few instances in which I believe a prenuptial or postnuptial agreement is advisable.

The first is if one party has substantial assets, or will inherit a large sum of money or property.

If you have substantially more assets than your fiancée or spouse, own or hold interests in a family business, or stand to inherit property or a large amount of wealth, a prenuptial agreement may be warranted.

Prenuptial agreements are an effective way to protect assets in the event of a divorce. These agreements allow you to clearly designate which properties are marital and those that are separate, lay out alimony obligations and can safeguard a family business.

The second is if one, or both, parties have children from a prior relationship.

Many individuals trust their spouses to treat their children fairly. Unfortunately, that does not always happen. Even if your spouse and your children have a good relationship now, you cannot predict what will happen in the coming years.

Unless you have the proper safeguards in play, your children from a previous relationship may be at risk of disinheritance. If your will or local intestacy laws pass your wealth and property to your spouse, your children will not inherit unless your spouse gifts money or property to them, or writes them into his or her will. A prenuptial agreement can help protect your children against potential disinheritance.

Learn More About The Benefits Of Prenuptial Agreements

For more information about prenuptial agreements, contact my firm. I will sit down with you, review your circumstances and tell you if I believe you would benefit from a prenuptial agreement. Call 202-480-2160 to schedule a consultation. I represent clients throughout Washington, D.C., and Maryland.