Pre-Nuptial Planning
BKBM Family Law attorneys prepares prenuptial, or pre-marriage, agreements for couples who wish to enter a new marriage with an explicit understanding of their property rights. This way, our clients can better avoid taking or assuming unnecessary risks in their new relationships. A prenup can reduce or eliminate enormous legal fees and risk in a future divorce, and it can in some cases give couples more confidence to get married or stay married longer giving their marriage a better chance of success if they know the risks ahead of time. Full and fair disclosure is necessary in entering the agreements. While Superior Court judges have the power to invalidate portions of agreements entered between spouses, at Bovis, Kyle, Burch & Medlin, LLC, we attempt to stay abreast of all legal changes so that future challenges may be avoided or minimized wherever possible. Our goal is to cover the important elements that maximize the likelihood of having Courts uphold agreements. We frequently suggest to our clients issues to consider and potential solutions to problems that the client may not have anticipated. We create our agreements with an eye toward the future. There can be no guarantees concerning a prenup being enforced, but most are enforceable if properly constructed, prepared and executed.
We also receive questions on whether and under what circumstances a prenuptial agreement can be broken. (See article: When and Under What Circumstances Can you Break a Prenup?)