Beth A. Roesler
Sioux Falls Managing Partner
Protecting Your Future Before Marriage
Marriage is one of life’s most meaningful commitments, but it is also a legal and financial partnership. For many couples, creating a prenuptial agreement — often referred to as a “prenup” — is an important step toward clarity, fairness, and peace of mind. At Goosmann Law Firm, we help individuals and couples craft agreements that protect their interests and set the stage for a secure and equitable future, together or apart.
If you are entering marriage with significant assets, own a business, or have children from a previous relationship, a carefully tailored prenuptial agreement can provide certainty and reduce the risk of disputes in the future. Our attorneys guide you through the process with sensitivity, discretion, and your best interests in mind.
What Is a Prenup?
A prenuptial agreement is a legally binding contract signed before marriage that defines each spouse’s financial rights and responsibilities. It acts as a roadmap for how assets, debts, and other financial matters will be handled in the event of divorce, separation, or the death of a spouse.
Far from being a sign of mistrust, a prenup is a practical tool that allows couples to begin their marriage with transparency, shared understanding, and mutual respect.
Division of Assets and Debts
A prenuptial agreement allows couples to define how their assets and debts will be divided in divorce or separation. This includes real estate, bank accounts, investments, and any liabilities acquired during the marriage.
Alimony
The agreement can address the issue of alimony, specifying whether one party will provide financial support to the other and under what conditions. This clarity minimizes potential conflicts and ensures both parties are aware of their financial responsibilities.
Business Interests
For couples with shared business interests, a prenuptial agreement can outline the division or retention of these assets in case of a divorce. This is particularly crucial for entrepreneurs and business owners seeking to protect their hard-earned ventures.
Separate Property Protections
Individuals entering a marriage with existing assets or debts can use a prenuptial agreement to safeguard their separate property, maintaining the distinction between marital and non-marital assets.
Estate Planning
Prenuptial agreements can also include provisions related to estate planning, addressing matters such as inheritance, wills, and the distribution of assets in the unfortunate event of a spouse’s death. Premarital agreements often work hand-in-hand with estate planning. Without one, state laws may give your spouse rights to property or assets that you intended to leave to children or other beneficiaries.
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Marriage is about love, but it also involves important financial and legal considerations. A well-crafted prenuptial agreement allows you to begin your marriage with transparency and confidence. Make sure that your marriage is set up for success before signing the papers — contact our team of attorneys today.
Premarital Agreements FAQ
Do both parties need their own attorney for a prenup?
Yes. For a prenuptial agreement to be enforceable, each party should be represented by independent counsel to ensure fairness and full disclosure.
Can a prenup be modified after marriage?
Couples can create a postnuptial agreement to update or change terms if circumstances evolve.
Are prenups only for the wealthy?
Not at all. Prenuptial agreements can benefit anyone by clarifying financial expectations, protecting family assets, and avoiding costly disputes later.
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