Some months ago in this space we defined the prenuptial
agreement. Today let’s look at its
pros. For people with large estates the
division of property in the event of a divorce can have an impact on their
heirs after death. This is especially
true when BOTH parties have property that they do not wish to have
co-mingled. Property distribution and
the assignment of debt are at issue if the union dissolves.
Personal issues such as child support and child custody are
NOT part of a prenuptial agreement. The
court has the power to decide those issues based on the laws at the time of the
divorce. What ARE valid subjects,
however, are real estate, business interests, significant retirement benefits,
stock options, and other investments.
Some people may want to provide for their children from a previous
marriage. To be valid and enforceable,
however, a prenuptial agreement must be carefully drafted.
In the future we will discuss the cons of a prenuptial
agreement. In the meantime, please know
this…for more than three and a half decades Attorney Lyle M. Clark has been
advising people seeking divorce in the Seattle area. You and a generation before you have known
him as a Bellevue WA divorce attorney.
Call him on any family legal matter at (425) 452-3092.