The Benefits of Creating Pre- and Post-nuptial Agreements

Family law services in Southaven, Hernando and Olive Branch, and throughout the state, with clients’ specific needs in mind

At first blush a pre-nuptial agreement might seem to be the antithesis of romance; however, from a practical perspective they could hold the key to preventing marital discord over finances later. In an era with soaring divorce rates, and with finances being a leading cause of divorce, a pre-nup or post-nuptial agreement might be a smart decision. While they are not necessarily appropriate for every couple, some will benefit from the purposes they serve.

The most important consideration when it comes to pre-nuptial and post-nuptial agreements is that both parties are in agreement about the idea. At Taylor Jones Taylor the family law team has more than 50 years of combined experience guiding couples in and around Southaven, Hernando and Olive Branch through the creation of mutually acceptable pre- and post-nuptial agreements. The family law attorneys craft an agreement that will safeguard your future and possibly alleviate a prevalent source of conflict for couples.

Pre-nuptial and post-nuptial agreements in Mississippi

One general purpose of marital agreements is to designate which property will be considered separate and which will remain marital property. The watchword for marital agreements in Mississippi is fairness.  Thus, if a couple wants to make sure that their pre-nup will be upheld in court, each party must make a full and complete disclosure of all assets.

Other monetary issues that a pre-nuptial or post-nuptial agreement could resolve include:

  • Asset division at divorce or death
  • Whether gifts and inheritances will be designated as separate or marital property
  • How death benefits from insurance policies will be distributed
  • Protection of legacies for children from previous marriages
  • Other matters that the couple would like to include

The pre-nuptial agreements must be finalized long enough before the wedding date to make sure that neither party is entering into the agreement under duress. Each party should have their own legal representation to protect their interests, review the financial disclosures of the other party and negotiate any requested revisions.

Post-nuptial agreements can be a useful instrument if one or both spouses brought children from a previous relationship, or if one party stands to inherit a significant sum of money that they wish to remain separate property. In Mississippi, courts are not bound by post-nuptial agreements as to child support or child custody arrangements.

The family law team at Taylor Jones Taylor has guided countless couples through the process of creating prenuptial and postnuptial agreements. The firm is well known for their ability to craft custom solutions that fit their clients’ specific situations.

Discover how a pre-nuptial agreement can protect your family

Contrary to popular belief, getting a pre-nuptial agreement can be a good thing for your marriage, and a post-nuptial agreement may help settle financial insecurities so that you can both get on with living your lives together. The family lawyers at Taylor Jones Taylor can help guide you through the process. To learn more about the firm’s experience and services, please call 662-342-1300, or fill out this contact form to schedule an appointment. The firm has been practicing in DeSoto County since 1964, with offices in Southaven, Hernando and Olive Branch, and proudly serves clients throughout north Mississippi in Tupelo, Clarksdale, Batesville, Cleveland, Grenada and Oxford. How can we help you today?