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Prenuptial agreements can benefit everyone

Asking your fiance for a prenup is not always easy. Although these documents are important family law tools, many people in Kentucky still view them in a negative light. For some, prenuptial agreements are a sign that their significant other does not have any faith in their upcoming nuptials. 

You already know that a prenup is not an indication that your marriage will fail. After all, couples marry and divorce every year without ever signing any type of pre- or post-marital agreement. Having one, however, can protect you no matter the outcome of your own marriage. Here are a few reasons you might want to consider overcoming your fears and talking to your significant other about a prenup. 

Protect yourself from debt 

If you are marrying someone who has a significant amount of debt, you can use a prenup to limit your own liability. You can also make it difficult or even impossible for creditors to come after marital property should your spouse have trouble repaying his or her debt. 

Not sure if your soon-to-be spouse has any debt? This is not something you want to find out only after you say, "I do." Discussing the possibility of a prenup is also a good entry into otherwise difficult conversations. 

Keep your own assets safe 

Most people assume that, if you acquire an asset before marriage, it will stay your own, separate property no matter what. You may be surprised to learn that this is not the case. How you treat an asset during your marriage can actually make it switch to marital property, leaving it open to division during a divorce. 

You can prevent this with a prenuptial agreement by outlining which property is yours, what belongs to your significant other and how you will handle these assets during a divorce. Your options go beyond separate property, too. If you address how to handle marital property division in a prenuptial agreement, a future divorce can be much less emotionally stressful. 

You don't need to be rich to use a prenup 

Historically, it was the extremely wealthy who mostly utilized these documents. Today, the story is much different. Virtually everyone in Kentucky has something that they need to protect, such as an inheritance, business or valuable property. Conversely, with most people carrying significant amounts of debt from a young age, limiting your personal liability is also important. 

Although more common, prenuptial agreements are still legal documents. Crafting a thorough document that is also enforceable can be complicated. Before you or your significant other sign anything, consider first consulting with an experienced family law attorney. 

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Dietz & Overmann, PLLC
130 Dudley Road Suite 150
Edgewood, KY 41017

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