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Reasons to consider a prenuptial agreement

Soon-to-be spouses in Kentucky might want to consider getting a prenuptial agreement, particularly if they are part of a blended family, are marrying for a second time or own a business. A prenuptial agreement can protect a business owner from losing or having to share the business with an ex-spouse in the case of divorce.

Someone who is coming into a marriage with significant assets might want a prenup as well. Those assets might actually be considered marital property, but a prenup can safeguard against this. A prenup can also protect a person against having to take on a former spouse's debts.

In some cases, one spouse might have a much higher income than the other. In others, one spouse may stay home to take care of children. This can significantly affect the person's economic stability and ability to reenter the workforce after a divorce. However, a prenup can be used to make arrangements for alimony. A more unusual but increasingly common use of the prenup is to say who will get the pets in case of divorce.

Talking about a prenup can be difficult. In fact, some couples worry that just discussing it can increase the likelihood that they will divorce. However, such a conversation can increase communication and cooperation between a couple.

While a prenup can make the divorce proceed more smoothly, a couple may still want to negotiate an agreement for property division. Couples often prefer negotiation over going to court because it can be less costly both financially and emotionally. It also gives them more control of the outcome. However, people should also make sure they do not allow themselves to be overcome by their emotions during negotiations. Attorneys may be able to help couples keep proceedings business-like and focused on positive outcomes.

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

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