Attorney Katherine Kraus

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in Peoria!!!

Explore a prenuptial agreement before marriage

On Behalf of | May 28, 2020 | Blog, Divorce

Arizona couples who are considering marriage are more likely to explore the possibility of a prenuptial agreement than they would have in the past. If you are thinking of taking the plunge into marriage, a prenuptial agreement may be a solution for you even if you are not wealthy. The agreement can provide you with some certainty and protect what you do have.

More millennials are signing prenuptial agreements

Millennials are driving the increased popularity of prenuptial agreements. They are waiting longer to get married. As a result, they are more established in their jobs and may have accumulated more wealth. This includes their savings, both personal and retirement accounts. In addition, they and their future spouse may be carrying student loan debt and conclusively want to know before the marriage how it would be treated in the event of a divorce.

Fear of divorce causes people to sign prenuptial agreements

In the past, people thought it was unseemly to discuss what would happen in a divorce before they were even married. Now, people have seen the toll that a messy divorce can take on both spouses. In other words, there is a fear of divorce. This can be alleviated somewhat through a prenuptial agreement. This would take decisions about how your assets are divided in a divorce proceeding out of the hands of a judge and can provide you with more predictability.

In order to negotiate a prenuptial agreement, you may want to consult a divorce attorney. Each future spouse would need their own lead representation as one lawyer cannot represent both parties to an agreement. The only danger with a prenuptial agreement is that the other spouse will try to get out of it if the divorce ends up in court. Thus, you need an attorney to draft the agreement in a manner that would allow it to withstand the scrutiny of the court.

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