Prenuptial agreements — or prenups — sadly have a negative reputation in our current society, and unfortunately, this stops many couples from honestly discussing why a prenup may be right for them. A prenup lawyer understands that these contracts allow couples to have difficult conversations about debt, future financial plans, and how they’d like their assets divided in case of death or divorce.
Firstly, prenup agreements are very useful in opening the lines of communication between couples when communication is most important, right before marriage. Not only that, but communication is the critical component of a long, happy marriage. Having difficult conversations before getting married may save some couples a lot of pain down the road.
It also allows couples who have been married before to have honest conversations about their wishes for the children from the previous marriage. In addition, couples may want to keep their assets separate, so there’s no question who is the beneficiary of the assets when they pass. Finally, half of all marriages end in divorce, and a prenup agreement makes these divorces easier by taking the conflict out of negotiating the property settlement.
However, none of this happens if the contract is not set up correctly, and that’s why a prenup lawyer is so important in the proceedings. The prenup agreement does no good if its validity will be called into question when it’s finally needed. This guide will talk about what a prenup agreement is, what should be included in a contract, why it’s beneficial, and how to find a good lawyer in your area.
A prenuptial agreement is a type of contract drawn up between two people before marriage. It lists all the assets and debts each person brings to the marriage and specifies their rights concerning the division of these assets. In some states, the prenup agreement is known as an “antenuptial agreement,” or premarital agreement.
Prenup agreements will differ from couple to couple. However, there are a few items that should be included in every contract, including:
State jurisdiction: It should be clear what state has jurisdiction over the prenup agreement if there is a question over which state laws to follow.
Although prenuptial agreements have a bad reputation, there are some positive benefits to them, including:
Debt protection: A prenup agreement can protect either member of the marriage from debts their partner accrued before the marriage even started.
Getting married is exciting and all aspects of this big change should be celebrated. Working with a prenup lawyer allows you to take the necessary steps to begin your marriage with full transparency. You need to find a lawyer that’s best suited for you.
If you walk into a lawyer’s office and you don’t feel comfortable with the lawyer, don’t retain their services. You should be confident in your lawyer’s ability to handle your prenup and feel comfortable working with them.
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Hi, my name is Polly Tatum,
I help people protect what they care about most. If you are getting married soon and would like to ensure you enter into this union with full honesty and protections in place, I can help.
As with most things in life, the more prepared you are, the better off you’ll be.
Whether you have already started talking about a prenup with your partner or you are just now figuring out how to bring up the topic, you have come to the right place.
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Each state has its own prenup laws, and making a valid prenup agreement without understanding these laws can be difficult; therefore, it is advised that you get a prenup attorney to draft one for you. In fact, some states require your prenup contract to be drawn up by an attorney.
When a marriage ends without a prenup agreement, your state’s laws decide how your property is divided and what happens to your assets at divorce or death. The state may even have rules about what happens to assets that already existed before the marriage.
Legally marriage is a contract between two people, and with that contract comes certain automatic rights for each spouse for example:
It is clear that your assets, especially those you acquired during the marriage, are not adequately protected by state law. Therefore, a prenup agreement is necessary to ensure that your property is treated in the manner of your choosing.
If drawn up and executed correctly, Prenuptial agreements are legally binding and are usually upheld in court.
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