Rochester Pre-Nuptial Agreements Lawyer

While you may be over the moon about getting married, there is an important step you should consider taking before the wedding to protect your assets in case of a divorce or separation. Creating a pre-nuptial agreement is an excellent way to give you peace of mind as you make a major life commitment. A Rochester pre-nuptial agreements lawyer can help draft the document so it is legally valid and ready in case you ever need to enforce it.

If you are interested in discussing pre-nuptial agreements or any kind of marriage contract with an experienced attorney, contact our team at The Colwell Law Group, LLC. We can schedule a complimentary consultation to help you get started.

Reasons to Make a Pre-Nuptial Agreement

Before dismissing the idea of making a pre-nuptial agreement with the help of a Rochester attorney, consider these common reasons why people choose to draw up a financial agreement before getting married:

• Each person has different financial goals going into the marriage;
• One person has much more wealth or assets than the other person;
• One person owns a business that they do not want to become marital property;
• One person is part of a family business that they do not want to include in any marital settlements;
• One person wishes to protect the financial stability of children they had during a previous marriage;
• One person stays home to care for the child/ren, giving up a successful career that could potentially earn considerable income.

Although most reasons for making a pre-nuptial agreement concern protecting personal property or wealth, the agreement can also protect a person from becoming liable for debts that the other person accumulated prior to marriage.

A pre-nuptial agreement may be extremely useful during a future divorce because it fully discloses a person’s assets before the marriage. When everything is legally documented and squared away, there is less opportunity for messy divorce arguments over monetary matters.

Things Not to Include in a Pre-Nuptial Agreement

A qualified pre-nuptial agreement lawyer can help ensure an agreement is completely legal and valid in Rochester. There are some things that cannot be enforced if they are part of a marital contract, such as:

• Illegal uses of money;
• Anything that incentivizes divorce;
• Child support settlements or child custody agreements;
• Waiving the right to spousal maintenance, particularly if it leaves one spouse without enough money to live on.

The Court has the final say in divorce settlements, child support, and child custody agreements. If a pre-nuptial agreement proves to be invalid, the judge may throw it out. 

Second Marriage Pre-Nuptial Agreements

The division of assets gets more complex in the event of a second marriage, especially if there are children from the first marriage. A pre-nuptial agreement is an excellent way to name which assets belong to individuals. It can also ensure children do not lose an inheritance.

Because people are getting married later in life, when they have acquired more wealth, they may benefit from the guidance of a seasoned pre-nuptial agreements attorney in Rochester. It is better to protect the business and assets that have built up over the years than to risk losing it or splitting it up during a divorce.

Schedule a Consultation With a Rochester Attorney Who Handles Pre-Nuptial Agreements

No matter why you are interested in creating a pre-nuptial agreement, we are here to help you understand what it entails and how it may help you in the future. A Rochester pre-nuptial agreements lawyer can draft a legal document that protects individual assets in the case of a divorce or separation. Contact us today to schedule a complimentary consultation.