Prior to your marriage, and only prior to your marriage, you and your fiancé may enter into an agreement that provides for your ability: to make transfers of assets during your lifetime following the marriage; to provide for what your spouse will receive if you pre-decease him or her while married; and, to provide for what you and your spouse will receive in the event that your marriage ends in divorce. These Premarital Agreements are also sometimes called Antenuptial Agreements or Prenuptial Agreements.
Typically, these agreements have been viewed as restrictive documents. At Skirbunt & Skirbunt, LLC, we see these documents as a means of providing the parties with freedom -- the freedom to do what they want, with a clean chalk board, having waived or erased what would have been their entitlements and/or obligations in these areas by statute or by operation of law.
Negotiating a Premarital Agreement need not be an anxiety-filled experience. We can facilitate a creative conversation that will assist you in identifying appropriate outcomes regarding testamentary and divorce issues. Having a Premarital Agreement can actually remove uncertainty and promote harmony in your relationship, and the process of negotiating and obtaining a Premarital Agreement need not be an adversarial experience that dampens the enthusiasm for your up-coming wedding.