Legal Question in Family Law in New Hampshire

Is a premarital agreement necessary?

hello,

I am getting married in Oct 2008.

I currently own my own house (for 9 years). We will both live there, however the mortgage is staying in my name only.

Also, we are keeping our own individual savings accounts as well as separate 401k funds (not joining).

If these remain under our separate names, what would happen to them in the unforeseen chance we get a divorce (without children)? Are they protected since they will remain ''separate property''?

Thanks in advance!


Asked on 6/16/08, 9:22 am

2 Answers from Attorneys

Re: Is a premarital agreement necessary?

The pre-marital portion ONLY will remain separate. The added value to everything during the marriage is MARITAL PROPERTY and divisible in the event of divorce. Depending on the length of the marriage, whose name is on what is nothing more than a technicality that Massachusetts courts will disregard.

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Answered on 6/16/08, 9:55 am
Bruce L. Dorner Dorner Law Office

Re: Is a premarital agreement necessary?

Based upon the information you provide, I certainly would suggest that you meet with an attorney to review all of the information. A pre-maritial agreement certainly sounds like a good idea if you want to separate assets in the unlikely event of a divorce. Also, have you considered what would happen in the event of death? These are fertile grounds for litigation and family disputes. Anything you can do to minimize the risk would likely be to the advantage of you and your intended spouse.

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Answered on 6/16/08, 5:20 pm


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