PRE & POSTNUPTIAL AGREEMENTS ATTORNEY IN DES MOINES, IOWA

Prenuptial and postnuptial agreements have garnered a reputation for being a sign of mistrust in one’s spouse. However, having a pre or post-nuptial agreement in place is simply a safeguard in the event the marriage ends. Another benefit of prenuptial agreements is that you can have a safe and open conversation with your potential spouse about your finances, expectations, and future, and start your marriage off on a solid foundation built on trust and honesty. 

At Rieper Law P.C., I am committed to making premarital agreements easier for you and your spouse. My firm has extensive experience helping Des Moines couples with all of the legal details of establishing prenuptial agreements. We proudly serve clients throughout Polk, Dallas, Warren, Madison, Jasper, and Story counties.

Prenuptial Agreements in Iowa

Prenuptial agreements help protect individuals in case a divorce occurs for whatever reason. There are a lot of subjects covered in a prenup, such as:  

• Separating, buying, selling, and managing property;

• Spousal support;

• Right to death benefits;

• Debt protection;

• Wills;

• Property division; and

• Other topics.

There are some things prenups cannot cover:

• Either spouse’s premarital debts;

• Child custody or visitation matters;

• Child support;

• Alimony in the event of a divorce; and

• Day-to-day household matters.

Prenups can be changed, but in order to do so, you have to create an amendment by either creating a separate contract or adding to the original. You can also revoke the agreement if you and your spouse agree to do so.

Postnuptial Agreements in Iowa

Postnuptial agreements are similar to prenuptial agreements, but the difference is when the contract is written and signed. If it’s created and signed before the marriage, it’s a prenuptial agreement; if it’s created and signed after the marriage has taken place, it’s a postnuptial agreement. Postnuptial agreements are helpful for those who got married quickly, didn’t have plans to create a prenup, etc., and they can protect the individuals in the marriage and reach their individual goals together. 

Who Should Get One?

While prenuptial agreements aren’t necessary in some cases, they generally are very beneficial. This is especially true if your situation meets certain criteria, such as:

• You or your partner have significant assets;

• You or your partner have debt;

• You or your partner have been married previously;

• You or your partner have children; or

• You or your partner own a business.

Prenups also help create open communication between future spouses. Expectations are clear, and that helps build trust. A successful marriage is built on trust—the earlier you can establish trust, the better. Prenups also share information and have a clear plan in the case of unexpected future circumstances. That certainty alone may allow both parties to relax and improve the chances of the marriage succeeding.

Ensuring it’s Enforceable 

If you and your future spouse are going to sign a prenuptial agreement, you must handle the situation properly so that it isn’t considered invalid. Something that you and your attorney will have to look at is to check that both individuals sign the document and that there aren’t any clauses included that avoid enforcing the prenup. Make sure you take time to read the document and the circumstances and that everything is in the open.