In general, a pre-marital agreement can designate who gets what assets in the event you and your spouse divorce. This type of divorce planning can protect the assets you had before you get married in the event of a divorce, can help assure that your children from a prior marriage are protected in the event your upcoming marriage ends in divorce, and can help protect the ongoing viability of your family or other pre-marital business. A pre-marital agreement will help reduce the uncertainty of what will occur if your upcoming marriage should end in divorce, and will likely also make any future divorce less contentious.
In Cincinnati, divorce lawyer John Heilbrun can represent you during the creation of a pre-marital agreement. If you are in the process of divorce, he can make sure the terms of your agreement are followed and that you receive the assets set forth in the contract.
What is included in the Contract?
A pre-marital agreement typically deals with many aspects of your business and domestic life, which may include:
- Property owned by each person prior to marriage
- Businesses owned by either person
- Each person’s debts
- Division or joining of bank accounts
- Designating property or inheritance to children of former marriages and partnerships
In the absence of a pre-marital agreement, certain assets that you own before marriage are more likely to be divided with your future spouse in the event of a divorce. If you have a pre-marital agreement, you can better protect certain assets from being divided in the event of a future divorce.
Generally, this type of contract lets you and your spouse plan for what will happen to the assets you had before marriage and the assets you acquire during the marriage.
Using a Pre-Marital Agreement in your Divorce
pre-marital agreements can often make a divorce easier to resolve. Especially if you are a high-income couple with many assets, a pre-marital agreement is a good way to protect that property. These marriage contracts are becoming increasingly common among newlyweds who want to protect any inheritance, pre-marital business or other pre-marital assets.
If you are planning to create this type of contract with your future spouse, you each must have separate lawyers look at the agreement before you sign it. Before you sign such an agreement you should be sure the terms are fair and that the agreement is written in a way the court will honor it if you should ever have to rely upon it.
To find out more about pre-nuptial agreements, please contact the Law Office of John Heilbrun to schedule a consultation with our experienced Cincinnati family law lawyer.