As a family law attorney, I've spoken with many soon-to-be-married individuals about creating a prenuptial agreement. For individuals contemplating marriage, this can be delicate territory, as there are times when even broaching the subject creates a rift between the two parties, but it doesn’t have to be a tough conversation. At Bechtel Family Law we can help outline the benefits of a prenuptial agreement for all parties.  

When a couple can discuss the issue of a premarital agreement without rancor, they are often surprised to learn how a prenup can benefit themselves personally, no matter their financial situation as compared to the other. It is common to consider a prenup agreement in the following situations:

• You have property owned prior to marriage that you want to protect.
• You have retirement accounts that you want to protect because those benefits are your only protection at retirement.
• You built and own a business that you want to keep seamless and solvent after the marriage.
• You want to protect an inheritance you may receive in the future. 
• You and your spouse want to agree whether one of you will pay the other alimony in the event of a divorce.

It is of the utmost importance that an experienced family law attorney draft your prenuptial agreement. DIY and self-help forms are not likely to be enforced by the family court because they do not address all of the nuances in West Virginia law regarding separation agreements. Likewise, a general business attorney who has never litigated a family court case is not the best attorney to draft a prenuptial agreement. 

When you hear that prenuptial agreements are "not enforceable," this commonly refers to the fact that under West Virginia law, you are not allowed to pre-determine child custody and/or child support in a prenuptial agreement. The courts determine these issues based on what's in the child's best interest at the time of the parents' separation. These issues cannot be addressed in a prenuptial agreement.