Helping Individuals with Prenuptial & Postnuptial Agreements in Des Moines, Iowa and Polk 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 a marriage if the marriage ends in divorce.
At Stange Law Firm, we assist clients in Des Moines, Iowa in Polk County to draft, review, and litigate 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 prior to 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 Des Moines, Iowa in Polk County
What makes a prenuptial or postnuptial agreement effective in Des Moines, 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 Des Moines, 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.
Des Moines, Iowa Postnuptial Agreements in Polk County
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 Des Moines, Iowa in Polk County
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 Des Moines, 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 Des Moines, IA
If you are interested in finding out more information about the Polk County Family Court, please visit the following links:
- Polk County Circuit Clerk’s Office: More information regarding the Polk County Circuit Clerk’s office and the Polk County Courthouse can be found here.
- Polk County Court Rules: Each local courthouse has its own rules and procedures. Learn more about the rules for the Polk County Court here.
- Polk County Family Law Forms & Information: Searching for the proper forms for Polk County Family Court? Find them at this link.
- City of Des Moines, Iowa: Visit this link for more information about the city of Des Moines, IA, and its local government.
- Polk County Courthouse: Click here for the address and directions to the Polk County Courthouse from Google Maps.
Schedule a Consultation with a Des Moines, Iowa Prenuptial or Postnuptial Agreement Lawyer in Polk County, IA
As strenuous as a prenuptial agreement may seem for your marriage, it could really 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 Des Moines, Iowa prenuptial agreement attorney in Polk County, IA online or by phone at 855-805-0595 to schedule a confidential consultation.
Polk County (Des Moines), Iowa Office (515-706-9130) | 400 Locust St, Suite 358, Des Moines, IA 50309
