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Premarital agreements provide a certain level of protection to both spouses before they walk down the aisle. The subject, however, is often misunderstood, and engaged couples don't always realize the benefits of such documents. Below, lawyer Christine Bernardini of Bernardini Law P.C. in North Andover, MA, offers some clarification by answering a few common questions on the topic.

Common Concerns About Prenups

What Is a Premarital Agreement?

A premarital agreement, often called a prenuptial agreement or prenup, is a contract drawn up by a family lawyer and entered into by both spouses before they marry. It outlines what would happen to their property and assets if they divorce. The document also usually details what kind of financial support the lesser-earning partner would receive if they split.

Do We Still Need a Prenup if We Don't Have Major Assets?

lawyerA prenup is always a wise idea, regardless of the amount of property and assets you own. It’s helpful for spouses to discuss how they want to manage their money and handle related matters. Financial concerns can cause tension and strife, so having these conversations beforehand addresses potential issues before they evolve into something more divisive.

What if We Want to Wait?

You can wait to draw up these documents. But, after the marriage occurs, the paperwork becomes a postnuptial agreement. It essentially covers the same ground as a prenup, detailing property and asset division in a divorce and financial support expectations.

What Finances Must We Disclose?

To enter into a marriage with honesty and transparency, disclose all your financial holdings to one another. Secreting away money from your spouse is never a smart move, especially considering, in many cases, such maneuvers are usually eventually discovered. Discuss all finances to reach mutually agreeable terms.

Whether you're considering a premarital or postnuptial agreement, Bernardini Law P.C. can help. Since 2011, Attorney Bernardini has been representing area clients in family law matters, offering quality legal counsel and representation to protect her clients’ rights and best interests. Call (978) 794-5525 to schedule a consultation with a seasoned lawyer today. Visit her firm's website to learn more about her practice areas and expertise. 

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