Deciding to tie the knot might already be a big deal since everything beforehand was peachy and perfect, but deciding whether to sign a prenuptial agreement might be even more overwhelming. However, there is no need to be additionally stressed about it since prenups are no longer a matter of ambiguity. Many people have done it, due to their security or just mere sanity, but whatever you may decide to do here are some essential tips worth considering before executing a prenup.
The mental analysis
You might have been wondering, in the first place, why is there a need to sign a prenup? Well, “prenuptial” actually means before the marriage. Unfortunately, nowadays people are getting more and more skeptical about the general idea of the marriage and couples simply want to avoid long, tedious and challenging legal disputes if the divorce takes place in the end. On the other hand, there are couples who decide to get married later in life, and logically due to their age, they usually want to secure their assets. If the divorce occurs later, the couples will not have an issue of how to divide their assets and property, thus making a prenup a great solution.
Find proper consultation
It goes without saying that for a prenuptial agreement you need to have a lawyer. Even if it was constructed by a third party or the spouses for that matter, you should consult a proper divorce lawyer. When it comes to a divorce, both parties will have to have an independent and separate attorney, so they would lead you through the court process smoothly. The greatest thing about having a prenup before that procedure is that it would most certainly ease up the entire process. Separation itself can be extremely emotionally challenging, and with a prenup and a quality legal representation, you will ensure everything that you have agreed upon has been done.
Most common taboos
Many people reckon that only the rich or people who have to lose a lot sign a prenup. Well, that is one of the most common taboos, since it is mistakenly believed that you need to have an abundance of money or be wealthy in some way in order to have a prenup. This modern misconception is based on the fact that usually celebrities have a prenup. However, a prenuptial agreement is set to arrange a number of future dispositions, such as the fate of family property, inheritance, the status of mutual debts and obligations, and even who will keep the gifts received on the wedding day or get to keep the precious pet, etc.
Focus on the details
Having in mind that prenups are indeed legally binding contracts, you and your spouse-to-be need to agree priorly about what assets and other things you wish to place in that contract. You need to be elaborative, clear and specific and do not expect from the judge to read between the lines or “get the idea” of what you wanted because that will not happen. Like any other binding legal contract, the judge will closely look for all the specifics in detail, and there will not be a chance to later alter something because you thought that was “implied”. This brings us back to the fact that you should have an experienced legal help by your side to guide you go through all the details in this type of contract.
It is crucial to note that a prenuptial agreement does not cover any children related provision. That being said, a prenup will not consist of matters related to the distribution of the custody, child support, access and responsibility related to children. These issues tend to be delicate and thus courts tend to disregard all such provisions, and quite honestly, it is impossible to set up some expectations for an intensely emotional issue such as custody over children. Another basic fact is that the document must be signed by both parties, and the “pre” in prenup stands for before, that means that it would be ideal to sign it before the marriage, but it is not too late to sign it just after the marriage making it a postnuptial agreement – just consult the lawyer about the changes and differences.
Probably there are those people who would like to have everything bound in the contract, but there are some things that cannot go in the prenup. Ambiguous matters such as who will do the dishes, who is not allowed to dye the hair in different color, or who will drive which car on which day of the week will be disregarded. Also, any form of oral agreement are disregarded by the courts, so pay attention that you write everything down clearly.
Before doing anything recklessly, seek an advice of a competent lawyer. A prenuptial agreement is made to make the divorce process run easily, but make sure that both parties interpret the contract reasonably.
About the Author:Ian Pearson is a passionate sports fan, nature and photography enthusiast, and is always trying to keep up to date with tech innovations and development.
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