September 11, 2008

Prenuptial Agreements

Prenuptial Agreements--protecting your assets before divorce

Contrary to popular belief, prenuptial agreements aren’t only for the rich and famous. A prenuptial agreement (also called a premarital or antenuptial agreement – just to make things more confusing!) can be very useful for many couples, especially those who have had time to accumulate any assets at all and for those with children from previous relationships.

Generally, in the event of a divorce, a Mississippi court will divide “marital assets” between husband and wife in a fair and equitable manner. Property acquired or accumulated during the course of the marriage is considered “marital.” Inheritances and the assets that each party owned prior to the marriage are usually considered “non-marital” property which will be set aside to its original owner in a divorce.

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February 2, 2008

Are Prenuptial Agreements going overboard?

Take out the Trash or else!

As a Mississippi Divorce lawyer, I wish more couples gave serious thought to having a prenuptial agreement, especially when it is not the first marriage for both. Unfortunately, many get caught up in the romance of the relationship and fail to look at the realities of marriage. Well, it seems some folks are giving more thought to their marital expectations and entering into prenuptial agreements with "lifestyle clauses."

According to a fellow blogger, "lifestyle clauses" are popping up in many modern prenuptial agreements. Although properly executed prenuptial agreements are enforceable in Mississippi, I'm not sure our courts are willing to enforce some of these "lifestyle clauses." Here are some examples.

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