Strategic Prenuptial Agreements To Secure Assets
Not everyone likes the idea of a prenuptial agreement before getting married. Many people think it is an invitation to not work hard at making the marriage work. The legal fact is, though, that unless you have a prenuptial agreement or sign a postnuptial contract after the marriage, any personal assets you brought into the marriage may be considered marital property in the event of a divorce. For second marriages, in which there may be stepchildren, you may not be able to protect your assets for your own biological children.
A Lawyer To Protect Your Separate Assets
If you are considering getting married in Arkansas, it makes sense to discuss a prenuptial agreement with a knowledgeable attorney — particularly if you have significant personal assets or assets from a previous marriage. Mr. Tapp has experience drafting, reviewing and revising prenuptial agreements and postnuptial contracts. He will review your circumstances during a free initial consultation and explain whether you should have a prenuptial agreement and what property to protect.
For a prenuptial agreement to be considered valid in Arkansas, it must meet some basic legal criteria, including:
- Time: The agreement must generally be drafted, reviewed and signed at least six months prior to the date of marriage.
- Legal representation: Each party must represent themselves or have separate legal counsel (their own lawyer).
- Free will: Both parties must sign the agreement of their own free will, under no duress or threats.
- Fairness: The agreement cannot be inherently unfair to one party.