Obviously, Cobain could have protected herself better had she had a prenuptial agreement to list and determine marital versus non-marital assets and liabilities, as well as a provision for alimony.  In prenuptial agreements, the parties can determine and agree to amounts of alimony for a party depending on the length of the marriage.  Also important in the case of Ms. Cobain is the protection of her father’s estate.  In a prenuptial agreement, the parties can determine, what, if anything, a spouse is entitled to from non-marital funds.

Oftentimes, parties decide to get married without a prenuptial agreement.  This does not preclude the parties from entering into an agreement on how to divide marital and non-marital assets after the parties are married, without a prenuptial agreement.  A post-nuptial agreement is entered after the parties have married, and gives the parties peace of mind if they neglected to have a prenuptial agreement, or have acquired assets or liabilities since the date of marriage.

McNeal Legal can help guide you regarding a prenuptial or postnuptial agreement and protect you and your assets.

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