In today’s day and age, prenuptial agreements are becoming more and more common. If you are about to get married and would like to protect your hard-earned assets through a prenuptial agreement, contact the dedicated Dallas County family lawyers at Iowa Defenders, PLLC today.
Prenuptial & Postnuptial Agreement Lawyers: Based in Dallas County, IA
Though couples may understandably have reservations about drafting prenuptial and postnuptial agreements, the truth is, these documents are the best way to give them the peace of mind they deserve. Our team has extensive experience walking clients through the process of drafting these documents, and we’re prepared to put that experience to work for you as well.
What Is the Purpose of a Prenuptial Agreement?
The primary purpose of a prenuptial agreement is to establish provisions for a future divorce. In your prenuptial agreement, you can:
- Safeguard personal assets and business interests you bring into the marriage.
- Clearly delineate individual debts to prevent them from becoming joint responsibility.
- Protect inheritance rights for children and family members from previous relationships.
- Define terms for property division in the event of divorce or death, ensuring assets are distributed as desired.
- Establish guidelines for potential spousal support, offering predictability and fairness.
- Foster transparency and mutual understanding regarding each party’s financial circumstances and expectations.
What Can I Not Include in a Prenup?
Though prenuptial agreements can address several issues, certain things may not be included. They are as follows:
- Child Custody and Support: Decisions regarding child custody and support cannot be predetermined in a prenuptial agreement as these are subject to court discretion based on the child’s best interests at the time of separation.
- Non-Financial Matters: Provisions about non-financial personal matters, such as chores, relationship duties, or penalties for infidelity, are generally unenforceable in court.
- Unlawful Provisions: Any clauses encouraging divorce or involving anything illegal are not permissible.
- Unfair Terms: Terms that are considered egregiously unfair or promote a significant imbalance between parties may be invalidated by a court.
What Makes a Prenuptial Agreement Valid and Enforceable in Iowa?
For a prenuptial agreement to be considered valid and enforceable in the state of Iowa, it must meet the following criteria:
- The prenup must be in writing; oral agreements are not recognized.
- Both parties must sign the agreement voluntarily, without any coercion, duress, or undue influence.
- There must be a complete and honest disclosure of all assets, liabilities, and income by both parties at the time of signing.
- It is advisable that both parties have independent legal representation, or at least have the opportunity to seek independent legal counsel.
- The agreement must be conscionable at the time of signing and not lead to an unconscionable circumstance at the time of enforcement.
- The prenup must be executed properly, following all state-specific formalities for it to be enforceable.
Postnuptial Agreements
Postnuptial agreements serve the same essential function as prenuptial agreements, with the only significant difference being that they are drafted and executed after a couple is already married.
Though it may sometimes be a difficult conversation to have with a current spouse, most couples find drafting such an agreement to be well worth it.
Contact Our Iowa Family Lawyers Today
Iowa Defenders, PLLC stands ready to help you draft a comprehensive prenuptial or postnuptial agreement to help you get the peace of mind you deserve. If you’d like to get started, simply contact our dedicated Dallas County prenuptial agreement lawyers today.
