Planning a wedding can be exciting and fun, but preparing for marriage is about more than a wedding. Perhaps you are attending church or personal marriage counseling sessions or a pre-marriage course. These are often helpful for couples planning their future. However, while planning for marriage it is also a good idea to contemplate the potential the marriage could result in divorce. This may seem unromantic or pessimistic, but it is something every couple should at least contemplate because contemplating this possibility can help you determine if a pre-nuptial agreement is right for you. Pre-nuptial agreements are a particularly good idea if one or both parties enter the marriage with property or even debts that they want to ensure are not treated as martial property in a divorce. However, pre-nuptial agreements cannot address child custody and a court will treat any such provisions as void. Smith, Shellenberger, and Salazar LLC, can help you draft the appropriate agreement for your situation.
Also note that having a pre-nuptial agreement does not automatically mean it is enforceable, or that it applies to all the property your spouse claims it does in a divorce. If you believe that your pre-nuptial agreement might not be enforceable or have concerns about the enforcement of the agreement in an upcoming divorce you should consult an attorney as these are often difficult legal arguments to understand and to raise in court. If you have questions about the enforcement of a pre-nuptial agreement in an upcoming divorce please feel free to schedule a consultation with our attorneys.