Joel Overlund, the attorney at Family Law Bend, has lots of experience advising couples before they marry what their rights might be. Since there are so many people getting divorced and then marrying another partner, it is essential to get a prenuptial agreement in place. This way if it ends up that the parties must divorce, all the legal and financial agreements are spelled out and this makes for a quick divorce.
Prenuptial agreements can be used to waive rights and marital interests that parties would otherwise acquire through marriage. Often people marrying for a second or third time, decide that they want a prenuptial agreement in place to avoid any marital rights attaching such as spousal support or alimony for example. The prenuptial agreement can waive both parties right to spousal support should a divorce occur. A party might want to protect their assets if they are entering into the marriage with the majority of the assets and marrying a person who doesn't have much. The prenuptial agreement can be as simple or as complex as the case dictates. The idea behind a prenuptial agreement is that if the couple divorces, then there is no court battle because the document spells out what rights each party has under the agreement. It is important to have attorneys involved before a prenuptial agreement is signed so that each individual is completely aware of what rights they may be given up should a divorce occur. It also is important to come to see the family law attorney at least a couple months in advance of the wedding date.
Sometimes, during a marriage, people choose to separate and a post nuptial agreement might be appropriate in some cases. As an experienced divorce attorney in Bend, Joel can advise on all the legal ramifications and what an agreement would entail. Post nuptial agreements are fairly rare and it would be important to talk with the attorney about the specific facts of the case.