Family Law Blog

Had Children Before Marriage? You're Perfect for a Pre-Nup

Friday, March 16, 2018

To many couples looking towards marrying, a pre-nup is pretty close to a taboo word to bring up. Some feel like it is basically saying that there is a chance that your love might die and you want to plan for when it does. However, this may be true for couples that are planning to get married and officially start their lives, but not all commitments work that way. In many couples these days, often couples end up having children before they even think of marriage, and this makes them a perfect candidate for a pre-nup if they decide to tie the knot.

When you have children before marriage, it lends a certain amount of practicality and logistics to your relationship. You might want to provide better for your kids so you choose a smaller, cheaper wedding. You might understand that your marriage might not last, so you choose a pre-nup.

For many parents that choose to get married after they have children, they will always choose the route that is best for their children, and this includes if that marriage doesn't work out. By crafting a pre-nup when you are still very much in love, both sides of the couple can make decisions with a clear, unclouded head. In this pre-nup they can put certain provisions, such as terms for child custody inside that can make it so both parents get a fair split of not just the assets, but the children as well.

While many may tout "doing things out of order," it has been found that having children before getting married actually has a better chance of those marriages lasting since both sides tend to not look at their relationship through rose-colored glasses. If you are a couple that already has children and are looking to officially get married, but still want a pre-nup set in place, contact us today.

Should Social Media Be Included in a Pre-Nuptial Agreement?

Thursday, December 28, 2017

We live in an increasingly changing world, and one of the major changes that wasn't really such a big deal ten years ago was social media. Just a few years in the past, couples may have laughed at the very thought of adding social media into their pre-nuptial agreement, but times have changed. Now social media is crucial for image management. What you put out there or what your spouse puts out there can come back to bite us in a very personal as well as professional way.

Adding clauses for social media into a pre-nuptial agreement may not be for everyone. However, there are many these days that use social media to foster a positive image of ourselves, and that needs to be maintained. People who come from prominent families have careers in the spotlight including everyone from movie stars to Twitch streamers with substantial followers, high-level executives, and even restaurateurs have an image to protect.

Adding clauses for social media into a pre-nuptial agreement can cover a wide array of different actions. This can include eliminating and not posting further negative reviews of competing businesses, topics addressed on social media (such as politics or religious views), tagging locations while out and about, access to the accounts by the other party in a marriage, or even guidelines for posting pictures of any future children. All of these clauses in a pre-nuptial agreement can work in a positive way to help protect the image of both parties. After all, what one spouse posts can highly affect the other's reputation.

If you are looking to craft a pre-nuptial agreement and want to address social media in it, contact us today. We often work with more traditional pre-nups, but the world is changing and we know that pre-nups need to change with it.


What Can’t Prenuptial Agreements Cover?

Friday, October 27, 2017

What Can’t Prenuptial Agreements Cover?

Before tying the knot, it benefits both parties if they sign a prenuptial agreement to protect their individual assets. Prenuptial agreements don’t mean that you expect a divorce to happen, merely that you acknowledge that people might change and your directions in life might head in opposite ways. However, while you can put a number of different provisions in a prenuptial agreement, sometimes some really quite wacky ones, there are some things that a prenuptial agreement can’t dictate.

There are only a small handful of items that you can’t put in your pre-nup, but they are still important to know. Clauses you can’t put in your pre-nup include:

  • Custody of Children – If you decide to have children together, your prenuptial agreement cannot dictate who gets them in the event of a divorce. Typically this must be worked out by the couple at the time with the court dictating who can provide the better home life.
  • Child Support and Visitation – Like custody, a pre-nup cannot set an amount of child support that one party must pay nor can it set visitation rights. These based on court decisions.
  • Anything That Encourages Divorce – This is an incredibly vague clause that can cover a number of things. A common example is that while you can define individual property, you cannot put in how it is split in a divorce since that is basically saying it will happen.
  • Anything That Is Illegal – If you have an underground gambling den or are the Don of a Mafia family, you should probably leave that out. Courts can’t overlook illegal activities.
  • Anything That Is Unfair – Like things that encourage divorce, anything unfair is another cover-all clause. The best example of this is alimony. While you technically can set alimony in a pre-nup, a judge can completely throw it out if it is deemed to be unfair to one side.

If you are getting married soon, a pre-nup can be an awkward thing to bring up, but it can protect both sides. To create prenuptial agreement or check that your existing one is valid, contact us today.