Next time: prenup

Published: July 21, 2008

If you're already married or in the middle of a divorce, it's too late. But if you're planning to marry or remarry, legal experts recommend signing, or least considering, a prenuptial agreement.

The legal documents spell out before a marriage what happens to a couple's assets and debts in the event of a divorce or death. They may include sunset provisions, which nullify the agreement after so many years of marriage.

Prenups aren't just for celebrities, said Cynda Ottaway, an attorney with the Crowe & Dunlevy law firm in Oklahoma City.

Agreements are used to protect family businesses, expected inheritances and the assets of children from previous marriages. Others simply limit spouses' property to what each brings to the marriage — from a condominium and retirement account to unpaid student loans and credit card debt.

Prenups don't just protect the wealthier spouse, Ottaway said. Women who plan to put their careers on hold to stay home with children, for example, may want prenups to ensure they're compensated for their nonmonetary contributions.

Costs to create a prenup can range from $200 to $2,000, Ottaway said. It's easier, and less expensive, when couples present detailed financial statements.

"Prenups aren't for everyone,” Ottaway said. "It might not be worth it, for example, to potentially ruin your relationship with a future daughter-in-law by pursuing a prenup.”

Alternatively, couples might focus on creating individual estate plans and trusts when they marry, Ottaway said. Even without prenups, she said, it may be wise for couples to establish and maintain private accounts.

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