Pre-nuptial and Post-nuptial Agreements
Are You Protected with Pre-nuptial and Post-nuptial Agreements?
Entering a marriage can be one of the most joyous moments in a person's life. The unexpected can occur, however, and it is wise to take proper precautions to prevent the worst consequences. No one wants to go through a tough divorce, so speak with an Albuquerque, New Mexico family lawyer, Claire Sanderson Hanna Law Firm, to learn how to protect your rights.
We would be happy to provide impartial insight that can help you understand every aspect of your pre-nuptial or post-nuptial agreement.
What is a pre-nuptial agreement?
Most people have heard the term "pre-nup", but most do not know what a pre-nup entails. A pre-nup - or a premarital agreement - is made before a couple enters a marital relationship. The agreement can protect both spouses' interests and addresses elements that should be enforced if the couple later divorces.
A pre-nuptial can address the following:
- Division of property and debt;
- Rights and obligations of each party under the protection of insurance, wills, employment benefit, retirement plans, etc.; and,
- Designation of income earner during the marriage as separate rather than community income.
Although pre-nuptials often get a bad reputation for seeming like a way to make divorce an easier option, this characterization of the agreement is inaccurate. Pre-nuptial agreements can offer the peace of mind that both spouses' rights, interests, and assets are safeguarded if the couple ends up in divorce later down the road. It can help them address financial and other concerns before the marriage and sometimes help strengthen the relationship.
Post-nuptial agreements are identical to pre-nuptial agreements in terms of the issues they address. The only difference is the spouses can legally sign the agreement after they are married. The post-nuptial agreement preserves the marriage and make specific legal arrangements official. The agreement will specifically address allocating community and separate property.
If you are considering either a pre-or post-nuptial agreement, contact Claire Sanderson Hanna Law Firm. Put our experience to work for you by calling (505) 243-0900.
One Executive Center
8500 Menaul NE, Suite B-550
Albuquerque, NM 87112
t: (505) 243-0900
f: (505) 243-5785