By: Thomas Law Group On: June 16, 2014 In: Domestic Relations Comments: 0

Almost everyone knows what a prenuptial agreement is, but many people who have substantial assets fail to consider whether a prenuptial agreement is a potential benefit to them. While more than half of all marriages end in divorce, the number of prenuptial agreements for first time marriages is extremely low. Prenuptial agreements for subsequent marriages are higher, especially if one of the parties has been through a costly divorce involving substantial division of property. Prenuptial agreements do require full disclosure of all of the assets and liabilities of the parties and it requires that each of the parties have his/her attorney review the documents prior to the execution of the prenuptial agreement. The process should be started early enough that neither party will have the ability, in the event the marriage fails, to claim that they were under duress when they executed the agreement because it was presented at a very late date (very close to the date of the wedding). For business owners or health care practitioners, it is extremely important that a prenuptial agreement be in place prior to any marriage so that in the event that the marriage fails the income stream from the business can be retained in its entirety by the business owner/health care practitioner and that the individual not be forced to liquidate that asset.