Gregg R. Lewis

Trusted Family Law

Services In Columbus

Gregg R. Lewis
Trusted Family Law Services In Columbus

How can I ensure my prenup is effective?

| May 5, 2019 | High Asset Divorce |

For certain couples in Columbus, having a prenuptial agreement in place before getting married is a must. This is especially true if you’re a business owner or have a lot of property and assets in your name, which may be up for grabs in the event of a divorce. CNBC explains how you can devise a legally binding and effective prenuptial agreement. 

While having a conversation about prenups with your future spouse can be awkward, it’s important not to put off the matter for too long. Keep in mind some states have laws in place stating how soon before a marriage a prenup must be implemented. Additionally, if you wait too long wedding plans will already be in motion. This makes it much harder to have a reasonable discussion with your partner and leaves you with few options if he or she refuses the document. 

In terms of the prenup itself, you must be aware of what the document can actually do. Prenups establish who owns what when entering into a marriage. It also sets for rules for how certain items will be divided in the event of a divorce. For example, if you own a business your prenup should include language on valuation and on how earnings that occurred during the course of the marriage will be handled. However, keep in mind that prenups can’t be used to make decisions on child custody, visitation, and support. 

This is because these decisions are made by the court with the best interests of the child or children in mind. Prenups also shouldn’t include unenforceable clauses. Language about housework or other matters simply can’t be enforced by the court. For these reasons, it’s best to consult with an attorney when creating your prenup. That way you can rest assured that the document will hold up in court should the time come.