DC Prenuptial Agreement Lawyer 

In Washington, DC, a valid premarital agreement requires voluntary sharing of information for the other spouse to review. A DC premarital agreement lawyer could help you compile the necessary information to share with a spouse. An experienced family lawyer can clarify the important facts to consider when creating a premarital agreement.

Premarital Agreement Misconceptions

The most common misconception regarding premarital agreements is that requiring a premarital agreement or asking one’s fiancée to sign a prenuptial agreement means that they do not trust their spouse, or that two spouses cannot trust one another. It is unfortunate that this misconception exists, as a premarital agreement can actually strengthen relationships and can provide both spouses the security of knowing how marital assets will be divided and whether or not one spouse will receive alimony payments in case of a divorce.

Common Assumptions about Dividing Assets

DC premarital agreement lawyers have seen that discussing and negotiating the terms of how the assets will be divided can actually strengthen a relationship. It allows both couples to understand on a deeper level what their partner considers to be a fair and reasonable situation if the marriage does end.

Another common misconception is that a premarital agreement only protects the wealthier spouse. This is not true, as the prenup can provide for any division of assets upon which both spouses agree. In many cases, it can provide for alimony payments, which are not typically awarded in DC, to enable the spouse who is financially dependent on their partner.

Role of Potential Clients

The requirement that both parties enter into the agreement voluntarily includes full financial disclosure and adequate time to review that information. It is important to note that a valid and otherwise fully executed premarital agreement does not actually become valid until the parties do get married. They can abide by all of the requirements in the law but if they choose not to get married, the premarital agreement will be unenforceable.

Drafting Premarital Agreement

The most common mistake made when attempting to draft a premarital agreement is failing to take into account the time that it takes to come to an agreement on all the different terms that will be included in a typical premarital agreement. Couples often decide that they want a premarital agreement before the wedding takes place.

Often, they do not realize that there may be many drafts of the agreement which need to be passed back and forth. The terms will need to be negotiated and tend to be more of an emotional discussion than most people foresee.

Another common mistake that people make is failing to disclose assets before the prenuptial agreement is signed. The law requires that both parties enter into the agreement voluntarily. They must voluntarily disclose all of their assets and debts. Full disclosure enables a fully informed decision about what rights one party may be giving up or what obligations they may have to their partner under DC law in the event of the end of their marriage.

Importance of a Prenuptial Lawyer

It is important to consult with a lawyer to ensure that your prenuptial or premarital agreement is drafted correctly, that it makes legal and practical sense, and that the circumstances under which it is executed do not raise questions regarding its validity or enforceability at a later date.

Although a DC prenuptial agreement lawyer is not required for an agreement to be valid, it is important that both parties have separate legal representation. In fact, ethical rules – and common sense – dictate that a lawyer cannot advise both parties in either an actual or a potential dispute.

Hiring a Washington DC Prenuptial Agreement Attorney

Full disclosure is necessary for the agreement to be valid. If one party fails to disclose a substantial asset or substantial debt, it can result in the entire agreement being declared unenforceable or void. Spouses-to-be or couples often attempt to draft the premarital agreement without an attorney. Without understanding what DC law provides regarding a fair division of marital assets if the couple separates or divorces, a premarital agreement may be unfair or heavily biased in favor of one of the parties.

Without the help of a DC premarital agreement lawyer, it may be extremely hard to determine not only what terms should be included in the contract, but also whether or not those terms are fair and reasonable. A Washington DC prenuptial agreement lawyer could help you draft a contract or advise you about the risks and benefits of a document your future spouse may want you to sign.