PRENUPTIAL AGREEMENTS

A Prenuptial agreement is a contract between two people in contemplation of
marriage. A prenuptial agreement typically lists all of the property each
person owns (as well as any debts) and specifies what each person's property
rights will be after the marriage, and more specifically, in the event of a
divorce.

A prenuptial agreement is a good idea, even if you aren't rich or own a
home. It saves future arguments and can even save you money. Couples often
want a prenuptial to protect the rights of a child from a previous
relationship or to clarify the financial expectations of the parties before
they enter into the marriage. Furthermore, with increasing divorce rates, a
valid premarital agreement can save you from a contentious court battle and
excessive attorneys fees.

While the content of each agreement may vary widely, common issues that will
be addressed are whether property acquired during marriage will be community
property or separate property and whether spousal support will be paid in
the event of a divorce. The law is ever changing in respect to the validity
of certain aspects of prenuptial agreements. Therefore, there are occasions
that even when you have a signed agreement by both parties, the courts may
not uphold the agreement in the future, depending on changes in the law at
the time the agreement is being enforced.

To increase the validity of a prenuptial agreement, all parties are strongly
encouraged to get independent legal advice as to their rights prior to
signing the agreement. The Law Office of Mary Beth Holloway offers a flat
fee for review and individual consultation for prenuptial agreements.