Prenuptial Agreements Attorney in Washington, D.C.  

A prenuptial agreement is a contract entered into by two people who intend to marry. It is an agreement that establishes how each party’s property should be divided in the event of divorce or death. Typically, prenuptial agreements also specify what should happen in the event one spouse outlives the other. 

A prenuptial agreement may be used to establish financial arrangements to be made between the husband and wife during marriage, or upon divorce. These might address property brought into the relationship, spousal support (also known as alimony), and division of property if the marriage ends because of death, or any other provision that is appropriate for both parties. 

Browne Family Law is a DC prenuptial agreement law firm that helps you prevent future financial disputes during the marriage, or after divorce.  

Enforceability of Prenuptial Agreements 

In the United States, there is a strong public policy in favor of the freedom to contract. Thus, prenuptial agreements are generally enforced by U.S. courts provided that they meet certain basic requirements. Both spouses have to be represented by independent counsel and the agreement has to be fair and equitable at the time it was signed. If these conditions are met, the agreement is considered valid. Once this happens it becomes binding upon both parties, unless a party successfully challenges its validity. 

A prenuptial agreement can be revoked by mutual consent of both parties at any time before the marriage takes place. After that, however, courts are generally reluctant to invalidate these agreements under most circumstances. In certain circumstances, a prenuptial agreement can be set aside. This has to be done only under limited conditions and with careful consideration. The party seeking to invalidate the contract must establish that at the time it was entered into, the document violated a strong public policy or was brought about by fraud or coercion. 

The Role of Spouses When Crafting a Prenuptial Agreement 

A prenuptial agreement is not particularly effective without the mutual consent of both parties. If one spouse objects to the contract, it will have no impact. That is why spouses are encouraged to discuss their intentions with regard to various matters before signing a prenup. They need to agree on how financial assets and property should be divided if they ever part ways. 

Prenuptial agreements may be negotiated in anticipation of divorce. However, these agreements are not always limited to this purpose alone. They can also be used to make provisions for future events like illness or retirement. This enables spouses to manage their financial affairs effectively during marriage and plan ahead in the event of a future crisis, such as death or divorce. 

The process by which prenuptial agreements are negotiated can be quite complex. Therefore, spouses should not hesitate to consult qualified legal counsel if they want their prenups to stand up in court. 

If you are entering into a prenuptial agreement, it is important to consult an experienced DC prenuptial agreement lawyer. An attorney will guide you in choosing the right provisions and avoiding any issues that could result in your prenuptial agreement being set aside. This is a decision that should not be taken lightly. It is crucial for your long-term financial security. 

Browne Family Law has offices in Washington D.C to assist you and answer all your questions about prenuptial agreements. Our attorneys will help you avoid potential pitfalls, maximize protection and resolve any issues that can arise when entering into a prenuptial agreement in the District of Columbia. 

Contact us at (202) 670-5291 or online today to schedule your consultation.