Law Office of Brad Reinhart, LLC
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Should you plan for divorce before you get married?

It's not romantic. It means that you don't think your marriage will last. Your future spouse will think you don't love him or her. These are just some of the statements that you may hear when you tell friends and family that you want a prenuptial agreement.

You may think these arguments have some merit, but in reality, pursuing a prenuptial agreement could make your relationship even stronger. Money matters are often a point of contention in marriages, but discussing the issue ahead of time allows each of you to gain an understanding of how the other views money matters. You may even find some common ground that other couples lack.

Removing the taboo of talking about money

Why is it that couples believe it's taboo to talk about money before marriage? The fact is that it will come up after the wedding. Like many other Arizona couples, it may provide a sense of relief to get that first discussion out of the way early. Other reasons why bringing up a prenup can help your relationship:

  • You can protect future inheritances.
  • You can protect the inheritances of children from a prior marriage.
  • You can identify assets you want kept separate in the event of a divorce.
  • You can gain an understanding of your future spouse's current financial situation.
  • You can identify what debts each of you will retain if the marriage ends.
  • You can prevent an all-out battle in court if you divorce.

Discussing the topic may also reveal a weakness in your relationship if your intended adamantly refuses to discuss the matter or sign an agreement.

Be sure to do it right

If you agree to enter into a prenuptial agreement, you probably want to make sure that it will hold up in court if it's ever needed. The law requires that you meet certain conditions in order for your agreement to stand up to the scrutiny of the court. Most importantly, the court would want to make sure that you understand what you are getting into and know your legal rights before signing anything.

In fact, most states require each party to have an attorney review the agreement prior to signing it. In addition, waiting until the last minute could cause problems in the future. The court needs reassurance that each of you entered into the agreement without coercion or duress. Waiting until the caterers arrive won't cut it. Therefore, start talking about it as soon as possible and seek the appropriate help to make sure everything goes according to plan and complies with the law.

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Law Office of Brad Reinhart, LLC
7540 S. Willow Dr.
Tempe, AZ 85283

Phone: 602-814-0531
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