Prenuptial & Postnuptial Agreement Lawyer in Des Moines

Securing Financial Clarity in Ankeny, IA & Surrounding Areas

Marital contracts are frequently misunderstood. While some view them skeptically, prenuptial and postnuptial agreements are practical, transparent financial planning tools designed to reduce uncertainty and protect both partners. 

Entering a marriage involves a significant legal and financial partnership. Without an agreement in place, your personal assets, business ventures, inheritances, and debt liabilities are left entirely to the default, unpredictable property division laws of the state.

An agreement allows couples to customize financial boundaries in advance rather than leaving critical life decisions to a family court judge. This protective framework is vital for: 

• Business owners
• Individuals with significant premarital wealth
• Parents with blended families seeking to preserve inheritances for children from prior relationships
• Those seeking to insulate themselves from a partner’s premarital debts

Law Offices of Amanda T. Adams assists you before or during marriage by drafting, reviewing, or revising enforceable marital contracts that protect your long-term security. 

Reach us online or at (515) 575-4423 to request a free initial in-office or virtual consultation with our Des Moines prenuptial and postnuptial agreement attorney. Hablamos español.

Prenuptial & Postnuptial Agreement Representation

A poorly drafted marital agreement can create a false sense of security and quickly unravel under judicial scrutiny. Our firm uses a highly analytical process to draft contracts that are clear, comprehensive, and capable of withstanding legal scrutiny.

Facilitating transparent financial disclosures: We guide you through compiling exhaustive, verifiable financial information detailing all assets, debts, and income streams. Full disclosure is a baseline requirement for enforceability.

Customized drafting: We avoid generic, one-size-fits-all templates. We write highly customized clauses tailored specifically to your unique goals, asset types, and estate plans.

Enforceability: We strictly manage the signing timeline so that the final document is executed well in advance of the wedding date, eliminating any legal claims of emotional pressure or duress.

Independent advocacy: In accordance with strict ethical and legal standards, an attorney cannot represent both partners in these contracts. We either draft the agreement as your primary advocate or independently review a contract presented by your partner’s lawyer to protect your civil rights.

What Can & Cannot Be Included in a Marital Agreement?

What Can Be Included

Under Iowa Code § 596.5, couples have broad freedom to organize their financial affairs. Permissible terms include the following. 

Property ownership and division: Explicitly defining separate property versus marital property, covering real estate, business interests, retirement portfolios, and investments owned before the marriage.

Asset management rights: Determining how property can be bought, sold, leased, or managed during the course of the marriage.

Premarital debt allocation: Shielding one spouse from responsibility for the other's existing liabilities, such as credit card balances or extensive student loans.

Estate and life insurance planning: Outlining specific inheritance rights, death benefits, and waiving certain statutory claims against an estate so that assets flow properly to your designated heirs.

What Cannot Be Included

State law draws firm, unyielding boundaries to protect vulnerable parties and preserve public policy.

Child custody and visitation: A prenuptial/postnuptial agreement cannot legally dictate custody terms. Custody decisions are always made by a judge based entirely on the child's best interests at the time of a separation.

Child support obligations: Parents are strictly prohibited from waiving or limiting child support in any marital agreement. Child support is a right belonging to the child, and the court retains full authority to set or modify support.

Illegal or punitive mandates: Any lifestyle clauses that penalize lawful behaviors or encourage a divorce are void.

The strict Iowa alimony exception: Unlike many states, Iowa explicitly states that a spouse's right to support cannot be adversely affected by a premarital agreement. This means any clause attempting to waive, limit, or cap alimony (spousal support) is strictly void and unenforceable under Iowa law.