A prenuptial agreement is a contract entered into between two people who plan to get married but want to establish, in advance, their respective rights to property, debts, support, inheritance and other matters in the event of divorce or other contingencies.

Many people claim that they desire such an agreement, but few ever actually sign one. The reasons are many. For example, (1) such agreements can be costly, (2) the parties may not need an agreement because the way they desire to address their needs is virtually the same as provided by law without an agreement, (3) the parties cannot agree on the terms, and (4) the process of negotiating such an agreement puts too much stress on the relationship.

For the foregoing reasons, our offices do not offer a free consultation regarding prenuptial agreements. However, we will consult with you on these issues at our usual hourly rate.

BEFORE contacting us we strongly recommend that you "sit down" with your potential new spouse and have a long and detailed "heart to heart" discussion regarding whether both of you want an agreement. During this "meeting" be certain that the two of you agree as to all of the terms and conditions of the proposed prenuptial agreement. If you don't agree, there is no agreement! Be certain to cover all of the issues to be addressed in the contract (e.g., how to divide property or debt). Be prepared to bring all of the final negotiated terms to us.

YOU SHOULD KNOW THAT:

1. It is mandatory (to assure validity of the agreement) that both parties have their own, independent, attorney.
2. There can NOT be any time pressure to sign. (Depending on the time available, the wedding may need to be postponed.)
3. Both parties must fully and accurately disclose all of their assets, liabilities and sources of income.