Premarital Agreement

I assume that you are engaged to be married, so let me first say congratulations!

A premarital agreement between you and your fiance can determine what property will and will not be considered part of the marital estate in the event that the marriage is dissolved. However, a premarital agreement is not a will. A premarital agreement cannot dispose of property upon death - only a will and properly crafted estate plan can do that. I suggest a will and comprehensive estate plan if you are interested in leaving your property to certain people other than your spouse.

I encourage clients to strongly consider a premarital agreement, just as they would consider a last will and testament. If you fail to make a plan that best suits your family's circumstances and needs, the state will provide a default setting in the form of intestacy laws or, in the case of marriage, in dividing the marital estate.

One more word of caution on premarital agreements: make sure you both have an attorney! If the premarital agreement is not reviewed by the independent counsel of both parties, it will almost certainly not be enforced later.

Please feel free to contact me if you would like to schedule an office consultation.

It has to be a knowing and voluntary agreement with full financial disclosure. There are a few circumstance, called the 2nd look doctrine, that could undermine certain provisions.