Why do couples need prenuptial agreements? Because it is so much easier to get into a marriage than it is to get out of one. 

Many people enter into the most important contract of their lives — marriage — without an appreciation for the obligations and commitments they are undertaking. 

A former client once suggested that a checklist should be required when applying for a marriage license. One that covers the incredibly consequential basics and acknowledges your understanding that:

  • Every dollar you earn may be only one-half yours
  • You may have no control over your partner’s spending
  • You may have to pay alimony for the rest of your life
  • You may owe child support but only see your children half the time, or less
  • You will have to prove the assets you brought to the marriage, even if it’s decades later
  • And it may cost you tens of thousands of dollars to get divorced, even if it’s not what you want

How many couples who complete the checklist would still want to be married? Should we make it more difficult to get married or would it be better to do more to educate people as to the legal obligations and undertakings that marriage entails? 

However you might answer these questions, the simple fact is that every person who gets married is entering into a legally-binding agreement, but on terms that are imposed on them by district and state law. We help clients in suburban Maryland and Washington DC establish their partnership terms, whether they are getting married or not. 

Defining the legal relationship with your spouse is within your control through a contract known as a prenuptial agreement.

A prenuptial agreement is a couple’s opportunity to establish the terms of their financial partnership with the guidance of a prenuptial lawyer. Partners who are not married can enter into a property or cohabitation agreement, or any other relationship formation agreement of their choosing. 

Whether adult children are trying to protect their inheritance, parents are trying to protect their children from prior relationships, or parties are trying to protect assets they are bringing into the marriage, the prenuptial agreement process allows partners to make sure they agree upon important financial and lifestyle issues.

You Can Expect Us To…

  • See clearly what is at stake. Prenuptial agreements begin by explaining the marital law that would apply if you did not have such an agreement. This ensures you can go confidently into marriage with eyes wide open. 
  • Think through the big picture. You will talk us through how you and your partner manage, or expect to manage, finances in your marriage.  We will provide you with practical advice on how to think this through thoroughly.
  • Focus on your future. We will draft and negotiate a prenuptial agreement on your behalf and advise you on the disclosures required for the agreement to be enforceable.  
  • Advocate for your interests. We also will review a prenuptial agreement drafted by counsel for your fiancé and advise you on proposed edits to protect your interests. In doing so, we will take the utmost care, honoring the delicacy and dignity of your impending nuptials, ensuring your wishes are expressed confidently and positively. 

A prenuptial agreement brings clarity, confidence, and protection to your relationship. Thinking through and agreeing upon the legal obligations that accompany marriage is not only in your best interest, it benefits your future spouse and children, too. McKinney Figini LLC can help.