Why Have a Family Law Attorney Draft Your Pre-Nup

Prenuptial agreements (often simply referred to as “pre-nups”) are often recommended for couples who anticipate marrying one another and who have valuable assets – like a business – the value of which they wish to preserve in the event the marriage fails. A properly executed prenuptial agreement can provide clarity and certainty for spouses by indicating how the soon-to-be spouses will divide their assets and other property in the event of a divorce or death of one spouses during the marriage.

Can any Attorney Prepare a Prenuptial Agreement?affair-1238430_1920

When determining whether a prenuptial or premarital agreement is appropriate (and when looking for an attorney to draft such an agreement), individuals may be tempted to visit an attorney with whom they have a preexisting relationship, such as the attorney who handled their teen’s traffic ticket or the estate planning lawyer who drafted their parents’ will, or the business attorney who helped form your LLC. This may be a mistake, however: There are distinct advantages to having a knowledgeable North Dakota family law attorney review your situation and prepare a prenuptial agreement, if necessary:

  • Knowledge of applicable laws: Having an attorney who is not well-versed in North Dakota’s family laws is like having a high-performance sports car serviced by a neighborhood kid. In order for a prenuptial agreement to be enforceable and provide you with the protection and certainty you desire, it must comply with certain laws and statutes. A family law attorney is in the best position to know these laws and ensure your pre-nup complies with them;
  • Familiarity with consequences of pre-nups: While a pre-nup may provide certain benefits to soon-to-be spouses, it can also result in some consequences and ramifications (legal, financial, or otherwise) that may not be readily apparent. Experienced family law counsel is in a better situation to know what these consequences might be in your situation and how they might be avoided.
  • Advocacy when it is time to enforce your pre-nup: A family law attorney who drafted your pre-nup agreement will be much more prepared to argue that the pre-nup ought to be upheld and enforced than an attorney who is not familiar with North Dakota’s family laws or who did not draft your pre-nup. As mentioned above, prenuptial agreements are meant to provide certainty for you and your soon-to-be spouse in the event of divorce: to achieve that certainty, then, your pre-nup must be accepted and enforced by the court if it is challenged.

How a North Dakota Family Law Firm Can Assist You

If you have valuable assets and/or a business or income property, visit with the knowledgeable North Dakota family law firm of O’Keeffe O’Brien Lyson Foss before you marry to determine if a prenuptial agreement makes sense for you and your soon-to-be spouse. Attorney Tracy Lyson is experienced in drafting these agreements so as to be enforceable and accepted in court, and the firm is willing to and skilled in defending the validity of agreements it crafts in court if necessary. Call (701) 235-8000 or (877) 235-8002 to enlist our prenuptial drafting and defense services today.

 

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