Prenuptial Agreements

Brandon, Mississippi Prenuptial Agreements Lawyers

A prenuptial agreement is an effective legal tool that affords both spouses important protections prior to a marriage. Since marital property is subject to division in the event of a divorce, a prenuptial agreement can help you protect pension funds, equity in a home you bring into a marriage, inheritance money, and other assets.

Additionally, a prenuptial agreement can help you protect a closely held business, specifying at the outset what is and is not to be considered marital property. Since the terms of a prenuptial agreement must ultimately hold up in court, it's essential that you work with an experienced attorney who can help you avoid problems later.

At Fox Law Group, our attorneys draft and review prenuptial agreements in order to ensure the terms contained therein are enforceable and in compliance with Mississippi state family law. To schedule an appointment and discuss your case, contact family law attorneys at the Fox Law Group today.

What can be included in a Prenuptial Agreement

While each case is different, in general, the following kinds of terms can be included in a prenuptial agreement:

• Minimization of spousal maintenance / alimony upon difference
• Exempt pension funds from marital property
• Exempt responsibility for debt on certain lines of credit held before or after a marriage
• Set aside equity in real property such as a home, boat, or farm land.
• Protect a closely held business

Protecting Assets - Perils associated with Community Property

Prenuptial agreements allow couples to protect assets they bring into a marriage. Additionally, they provide liability protection in cases where a spouse is sued for professional malpractice or gross negligence and insurance coverage is not enough to pay the judgement. Additionally, if your spouse incurs debt that results in bankruptcy -- assuming you did not sign your name on any loans he or she borrowed -- creditors cannot seize assets you have identified as non-community property.

When a Pre-Nuptial agreement is not Valid

As in other areas of contract law, certain conditions must obtain in order for a pre-nuptial agreement to be recognized as a valid contract. For instance, a spouse cannot be forced into signing a prenuptial agreement under duress. Additionally, a spouse must disclose all their assets and debts in order for the terms of a prenuptial agreement to be enforceable. Lastly, the terms of the agreement must be fair to the parties involved. If a prenuptial agreement leaves a spouse impoverished or without any form of financial support, it's highly unlikely that it will be upheld in a court of law. Lastly, it is always wise for both parties to have legal counsel prior to signing the agreement.

Contact Prenups Agreement Attorneys at the Fox Law Group Today

When necessary, our office works with accountants and financial planners in order to ensure our client's interests are protected. If advisable, we suggest changes that assert our client's rights and interests to ensure you aren't saddled with an agreement you'll regret later.

To schedule a free consultation to learn how we can help you, contact prenuptial agreements attorneys at the Fox Law Group today.