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With the divorce rate hovering at 50 percent, a prenuptial agreement just makes sense

For couples who are planning to wed, much time and attention is often devoted to planning a wedding. While, at the time, discovering the perfect wedding location and selecting a cake may seem like the most important decisions one will ever make; after the honeymoon period ends, such details are quickly forgotten.

According to the Massachusetts Family Institute, as of 2011, the divorce rate in the state was roughly 50 percent. This figure is in line with national statistics where an estimated one out of every two marriages ends in divorce. Despite the odds that one's marriage could end in divorce, prior to marrying, many couples fail to take steps to establish a prenuptial agreement.

For anyone who plans to marry, it's wise to discuss one's financial situation and how a prenuptial agreement can be used to protect the assets and property that one brings to a marriage. In addition to helping clearly define how assets and property should be retained or divided in the event a couple subsequently divorce, a prenuptial agreement can also be used to help "clarify financial rights and responsibilities during a marriage," protect assets and ownership rights related to a family business and protect against liabilities related to debts that a spouse brings to a marriage.

When it comes to drafting a valid prenuptial agreement, every state has specific legal requirements. In cases where such requirements are not followed or met, a prenup, and all of its terms, could be deemed invalid. It's imperative, therefore, that an individual consult with a family law and divorce attorney who can provide advice, guidance and assistance and take the appropriate steps to ensure that the terms of a prenup are legally binding and will hold up in court.

Source: FindLaw.com, "Can Prenuptial Agreements Help You?," Nov. 24, 2015

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