Courting, and an impending marriage is, of course, a joyous time – So joyous that many people, in love and full of hope for the future, neglect to protect themselves and their assets prior to saying “I do.” With the ever-rising statistics of marriages ending in divorce, as well as, the oftentimes overwhelming cost associated with divorce proceedings, it is fundamental that the soon-to-be-wed Parties whom are preparing for their new marital journey also prepare and protect themselves in the unfortunate event that the marriage does not last, “till death do you part.” We understand that this is often an uncomfortable thought, but, it makes financial sense for both you and your future spouse to commission the drafting and execution of a prenuptial agreement so that you do not have to spend the time, money and resources in Court litigating over your belongings should the unfortunate occur. In the eyes of the law, a marriage is a licensed transaction, analogous with a contract if you may, and not unlike traditional transactions, the lack of a prenuptial agreement can result in very messy, arduous and expensive legal proceedings should the marriage end in divorce.
In many cases, what Parties may have understood to not be subject to division as marital property in a divorce, often become a marital asset based on the actions taken by the Parties during the duration of the marriage. Prenuptial, also known as antenuptial, agreements are contracts entered into by and between people planning to marry, dictating how assets and liabilities are to be distributed among the parties in the event of divorce. These agreements can be prepared at flat fee rates for their drafts in most cases, and, are crucial to fully protect any assets that you and/or your spouse may wish to maintain as your individual property in the event of divorce, thus helping to establish what is exempt from the marital estate and limit the scope of what constitutes marital assets/liabilities in the event of division of marital assets upon filling for divorce.
Courts can enforce validly executed prenuptial agreements and these instruments can greatly limit the likelihood of litigation and/or protect the assets which you have accumulated and earned.
K/S Attorneys at Law, having drafted many prenuptial agreements has the knowledge, skill and expertise to assist you in identifying your assets, your future spouses’ assets, your liabilities, your future spouse’ liabilities and those which you intend to remain your sole property, separate from the marital estate and untouchable by the divorce court should your marriage ultimately fail.