Estate Planning

Planning for your unique family and financial goals

Planning for your unique family and financial goals

Prenuptial Agreements


Although prenuptial agreements used to be the province of high wealth individuals, they are now commonplace along a broader spectrum of clients. This is especially true with clients marrying later in life or entering into second marriages. Younger clients with inherited wealth should also strongly consider them. A prenup preserves separate property and limits the creation of community property. It also addresses what happens should the marriage end in divorce. Similarly, rights to assets upon the death of a spouse are defined, although this doesn’t prevent more generous provisions under a Will. They cannot dictate child support obligations. It’s important to initiate them early in the process. If negotiated too close to the wedding date, they may not be enforceable. Another key to the enforceability of a prenup is for each party to disclose assets, liabilities, and income fully. In all cases, it’s critical that separate counsel represents each party. While they are sometimes challenged in court, overall, they can be a valuable part of your estate plan.