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  • Home
  • Start Here
    • Becoming a Client
    • Our Story
    • Our Approach & Values
    • Meet the Team
  • Practice Areas
    • Estate Planning, Wills, and Trusts
      • Estate Planning
      • Trusts
      • Wills
      • Power of Attorney
      • Deeds & Real Estate Transfers
    • Specialized Planning
      • Minor Children
      • Special Needs Trusts
      • Asset Protection Planning
      • Irrevocable Trusts
    • Elder Care
      • Long term Care
      • Medicaid (ALTCS)
      • Guardianship
    • Probate
      • Do I Need Probate?
      • Avoiding Probate
      • Trust Administration
    • Business Planning
      • Business Formations
      • Business Succession Planning
      • Operating Agreements
      • Employment Agreements
  • Testimonials
  • Resources
    • Estate Planning Blog
      • Estate Planning
      • Elder Law
      • Probate
      • Business Succession
      • Guardianship
    • Videos & Recordings
    • Seminars & Webinars
    • Free Estate Planning Masterclass
    • Educational Library
    • Estate Planning Resources For Professional Advisors
    • FAQs
    • Media Room
  • Contact Us
    • Schedule Strategy Session
    • Office Locations

What Exactly Is a Prenup?

Serving Clients in the Mesa and Gilbert, Arizona Area

What Exactly Is a Prenup?
  • July 6, 2022
  • Asset Protection, Estate Planning, Probate, Wills & Trusts
Gilbert Arizona estate planning attorney

BY: Jake Carlson

Jake Carlson is an estate planning attorney, recognized business leader, inspiring presenter, and popular podcast host. He is personable and connects immediately with others. A natural storyteller, he loves listening to your story and exploring what matters most to you.

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Signing a prenup doesn’t indicate that you don’t have faith in your marriage, just like buying car insurance doesn’t mean you expect to get in a crash.
  • Scroll Down to Read Article

There are some important financial decisions that need to be made before you get hitched. One of them is whether you should get a prenuptial agreement (“prenup”). This isn’t the most romantic issue to discuss, especially because these agreements usually focus on what will happen in the event of the marriage ending. However, in many cases, having tough conversations about the practical side of marriage can actually bring you and your spouse closer together.

JP Morgan’s recent article entitled “What to know about prenups before getting married” explains that being prepared with a prenup that makes both people in a marriage feel comfortable can be a great foundation for building a financially healthy and emotionally healthy marriage.

A prenup is a contract that two people enter before getting married. The terms outlined in a prenup supersede default marital laws, which would otherwise determine what happens if a couple gets divorced or one person dies. Prenups can cover:

  • How property, retirement benefits and savings will be divided if a marriage ends;
  • If and how one person in the couple is allowed to seek alimony (financial support from a spouse); and
  • If one person in a couple goes bankrupt.

Prenups can be useful for people in many different income brackets. If you or your future spouse has a significant amount of debt or assets, it’s probably wise to have a prenup. They can also be useful if you (or your spouse) have a stake in a business, have children from another marriage, or have financial agreements with an ex-spouse.

First, have an open and honest conversation with your spouse-to-be. Next, talk to an attorney, and make sure he or she understands you and your fiancé’s unique goals for your prenup. You and your partner will then compile your financial information, your attorney will negotiate and draft your prenup, you’ll review it and sign it.

Remember that a prenup can be a useful resource for couples in many different circumstances.

It might feel overwhelming to discuss a prenup with your fiancé, but doing this in a non-emotional, organized way can save a lot of strife in the future and could help bring you closer together ahead of your big day.

To learn more about estate planning in the East Valley, Gilbert, Mesa and Queen Creek, schedule your free consultation with Attorney Jake Carlson by using one of the links above.

Reference: JP Morgan (April 4, 2022) “What to know about prenups before getting married”

 

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