Getting engaged is an exciting time in anyone’s life, but after that magical moment comes the wedding preparations. Amidst choosing wedding venues and sending out invitations, many couples turn to family law attorneys to create prenuptial, or premarital agreements. While planning for the possibility of divorce is hardly romantic, many find this to be an essential step. Here’s what you should know.
FAQ About Prenuptial Agreements
What is a prenup?
A prenuptial agreement details the division of property, alimony payments, and other decisions that would need to occur if the marriage ends in divorce. It only becomes valid after the marriage takes place, and can help prevent costly divorce disputes. A family law attorney will help you draft the terms of the agreement.
Why would I want a prenuptial agreement?
Prenup agreements are typically used to protect premarital assets (including business interests). This agreement can also be used to protect the inheritances of children entering a blended family.
Can a prenuptial agreement be invalidated?
Prenuptial agreements in Arkansas are subject to the Uniform Prenuptial Agreement Act. This means that the agreement must be signed by both spouses, and that select circumstances can invalidate it. This includes one spouse signing the agreement against their will, or if the prenup is deemed “severely unfair,” such as if one spouse lied about their assets and debts.
What about child custody?
Legal guardianship of children cannot be determined in a prenup. In Arkansas, the judge will evaluate the individual situation to determine what will be in the best interests of the children after the divorce.
Whether you’re dealing with the aftermath of a car accident or find yourself in need of a family law attorney, you can count on the team at Watson Law Firm of Harrison. Serving Boone County, AR, for over 35 years, their attorneys provide open communication and personalized service to ensure you get high-quality representation. To learn more about their practice areas, visit them online or call (870) 704-4037.