Do You Need A Pre-nuptial Agreement?
In the event of divorce, there is a divide in the process between marital and separate property. Separate property, or property you owned before the marriage, stays with you, but this means it needs defined which can be done in a prenuptial agreement. Marital property is anything shared, either by gift or purchase, between the couple. In the cases of owning a business, or expecting an inheritance or trust, could be considered marital property. These can be combined with marital property and divided between the couple. It is best to delineate with certainty and draw a boundary around which aspects of financial claims and property belong to whom. Otherwise, your partner is entitled to 50% of future equity from the date of marriage onward. In addition, a prenup outlines any future spousal support post-divorce.
This is the right way to prepare yourself and your partner for any roadblocks or disagreements regarding property, assets, or future inheritances, and get out ahead of the game with it all pre-organized. We can never know for certain what the future will bring, but this will prevent future headaches and loss.
Hinds and Hinds Family Law, P.C. has a team of lawyers at the ready to assist you in these matters. Please give us a call (303) 224-9000 to make an appointment with us.