Helping Individuals with Prenuptial & Postnuptial Agreements in Cedar Rapids, Iowa and Linn County
Discussing a prenuptial agreement may not always seem like the most romantic thing to do. However, for many couples, it may be a wise thing to consider. Prenuptial agreements — also called prenups, premarital agreements, or even antenuptial agreements — permit marrying couples to guard their separate property during marriage if the marriage ends in divorce.
At Stange Law Firm, we assist clients in Cedar Rapids, Iowa drafting, reviewing, and litigating prenuptial agreements. We can also deal with issues regarding postnuptial agreements, which are similar to prenups, just drafted during a marriage.
What Is a Prenuptial Agreement?
A prenuptial agreement is a legal contract between two individuals who are engaged to be married. The purpose of a prenup is to protect each person’s assets and property in the case of a divorce or death. Prenups can also be used to dictate how property will be split up if the couple decides to divorce.
Common items that are covered in a prenup include:
- Premarital assets and debts: A prenup can outline what each person’s assets and debts are before the marriage. Property such as houses, cars, jewelry, and other valuable items that were obtained before the marriage can be stated as belonging to one person. This may help evade disagreements and fighting about who owns these items if the couple gets divorced.
- Inheritances and gifts: A prenup can also discuss what will happen to inheritances and gifts that are received during the marriage. For example, if one person inherits a house from their parents, that individual can state in the prenup that no matter how long the marriage lasts, the house will remain their sole property.
- Children from a previous relationship: If either individual has children from a previous relationship, a prenup can be utilized to decide how financial responsibility for the children will be divided. This can help avoid disagreements about child support and child custody if the couple gets divorced.
- Spousal Support: A prenup may be used to forgo the right to spousal support or spell out how much spousal support one person would be entitled to if the couple gets divorced.
- Property division: A prenup can determine how property will be split up if the couple gets divorced. For instance, the prenup can state that all property that was gathered during the marriage will be divided equitably.
Effective Prenuptial Agreements in Cedar Rapids, Iowa
What makes a prenuptial or postnuptial agreement effective in Cedar Rapids, Iowa? They should include in-depth descriptions of any significant property and debts owned by each party. Depending on the nature and intricacy of these assets, a prenuptial agreement can be simply a few pages — or a few hundred. At Stange Law Firm in Cedar Rapids, we draft each prenup so that it meets the individual needs of our clients.
To be valid in Iowa, a prenuptial agreement must meet specific requirements as outlined in the Uniform Premarital Agreement Act (UPAA). It is important to note that a premarital agreement must be in writing and signed by both prospective spouses and is enforceable without consideration other than the marriage.
Cedar Rapids, Iowa Postnuptial Agreements
Also referred to as post-marital agreements, postnuptial agreements are legal contracts between two partners that are entered into during marriage. Like prenuptial agreements, they include provisions determining how to divide property in the event of divorce or the death of a spouse.
Enforcing a Prenuptial or Postnuptial Agreement in Cedar Rapids, Iowa
In certain situations, it can be hard to enforce a prenuptial or post-nuptial agreement. The standards that courts put in place and consider are high. But when a family law case requires legal action, we can provide high-quality legal counsel for our clients in Cedar Rapids, Iowa. Our focus is on helping you progress your case forward. We do this by working cooperatively with you to develop a family law strategy that factors in the costs and benefits of each action. Together, we will work towards a favorable outcome.
Not having legal representation at the time of signing a prenuptial or postnuptial agreement can be a foundation for challenging the enforceability. Because of this, it is vital that both parties have their own legal counsel. Please note as well that the Founding Partner of the firm, Kirk C. Stange, authored a book on prenuptial agreements through Thomson Reuters (Aspatore Publishing) titled: Prenuptial Agreements Line by Line.
Handling Prenuptial or Postnuptial Agreements in Cedar Rapids, IA
If you are interested in finding out more information about the Linn County Family Court, please visit the following links:
- Linn County Circuit Clerk’s Office: More information regarding the Linn County Circuit Clerk’s office and the Linn County Courthouse can be found here.
- Linn County Court Rules: Each local courthouse has its own rules and procedures. Learn more about the rules for the Linn County Court here.
- Linn County Family Law Forms & Information: Searching for the proper forms for Linn County Family Court? Find them at this link.
- City of Cedar Rapids, Iowa: Visit this link for more information about the city of Cedar Rapids, IA, and its local government.
- Linn County Courthouse: Click here for the address and directions to the Linn County Courthouse from Google Maps.
Schedule a Consultation with a Cedar Rapids, Iowa Prenuptial or Postnuptial Agreement Lawyer
As strenuous as a prenuptial agreement may seem for your marriage, it could benefit you in the long term. We have written articles about prenuptial agreements to help inform you about the topic: Is a prenuptial agreement in your future? How to have ‘the talk’, Social media clauses gaining popularity in prenuptial agreements, Domestic Asset Protection Trusts Versus Prenuptial Agreements: What is the Best Option?, and Prenuptial Agreements for Elderly Couples.
Contact a Cedar Rapids, IA prenuptial agreement attorney online or by phone at 855-805-0595 to schedule a confidential consultation.
Linn County (Cedar Rapids), Iowa Office (319-219-6828) | 4515 N. River Blvd NE, Suite 220, Cedar Rapids, Iowa 52411
