Prenuptial Agreements at Roberds Law Firm
A prenuptial agreement, or prenup, is a binding legal contract. Commonly referred to as premarital or marriage agreements, prenups can dictate the division of assets and debts of one or both parties after a marriage is dissolved. Prenuptial contracts go into effect upon marriage and are enforced following a divorce.
You may have a variety of questions about how to create, amend or revoke a marriage contract, including where you can find the right forms and legal guidance.
What Can a Prenuptial Address?
Most prenup agreements only cover assets owned by one party prior to entry into a marriage contract. However, prenups can cover both parties as well as property, assets and income obtained during the marriage. It is a common misconception that child support and custody issues can be addressed in a prenup agreement.
When Does a Marriage Agreement Go Into Effect?
A premarital agreement must be in writing, signed and acknowledged by both parties before it is enforceable. Additionally, prenuptials are signed with the intent to marry, and the marriage contract will not go into effect if the signing parties do not become married.
How Long Do We Have to Be Married Before a Prenuptial is Valid?
A prenuptial is considered valid when you and your intended spouse sign the written agreement. Prenups go into effect the moment you are legally married. There is no waiting period before a prenup becomes valid or enforceable.
How Much Does a Prenuptial Agreement Cost?
Prenuptial agreement cost can vary greatly, though many attorneys – including the Roberds Law Firm – offer free initial consultations to help you understand your legal and financial options. Only you can decide if a marriage contract cost is worth the peace of mind you and your partner will gain.
Do We Need a Marriage License to Get a Prenup?
No, you do not need to hold a valid Arkansas marriage license when preparing or finalizing a prenuptial contract.
Can’t I Just Find a Sample Prenuptial Agreement Online?
While you may wish to use a marriage contract sample or template that you find online, planning your agreement can be a time-consuming, stressful and complicated process. You need a clear, professional and enforceable contract that considers the nuance of Arkansas laws. An experienced family attorney and prenup lawyer can help you negotiate, draft and/or revise your premarital agreement to protect your rights and that of your soon-to-be spouse.
Will We Each Need Our Own Lawyer?
Because the prenuptial agreement is a contract, your lawyer can only represent one party for negotiation. However, Bentonville attorney Ben T. Roberds has a history of working with other attorneys to settle and finalize premarital contracts in minimal time to put his clients on the path to a protected marriage.
Can We Change or Amend Our Prenup After We are Married?
You can alter, amend or revoke your prenup agreement after you are married if both parties sign a written agreement to do so. If you used a marriage lawyer to prepare your prenup, you may wish to consult with him or her to help revise your prenup.
Do Prenups Apply In the Case of an Annulment?
Prenuptials will not typically be enforced in the case of an annulment. The judge may enforce the agreement to some degree, however, to prevent the annulment yielding an unfair result.
Will Getting a Prenup Hurt Our Marriage?
You may worry that signing a prenup is the same as saying you don’t trust your partner. The truth is that premarital agreements can give each partner a feeling of security, knowing that their assets are protected. And, if the marriage should end, a marriage agreement can help reduce friction and painful or traumatic infighting.
Arkansas Prenuptial Agreement Attorney Ben T. Roberds
If you are considering a prenuptial contract, call Bentonville family lawyer Ben T. Roberds today at (479) 464-0904 to schedule a complimentary consultation.