Although many couples do not wish to start off their marriage by signing a prenuptial agreement, it is a good way to prepare for the future. It can prevent heated arguments about money. By signing a prenup, both spouses will have their assets claimed to avoid any confusion over possession. Instead of thinking about prenuptial agreements as a negative document, it’s better to think of it as a way to avoid conflict.
Prenuptial agreements are documents that establish what was to happen if a marriage did end. They are made before couples get married. It can help couples avoid taking legal action after a divorce, separation or death. These instances are already hard enough without individuals having to claim what they own and possibly fighting in response.
In order for the agreement to be binding, there are guidelines that need to be met. It must be a written document that is voluntarily agreed upon by both parties. For it to be effective, it has to be notarized. A prenuptial agreement lists a full financial disclosure for both persons involved. The document should be fair and just to both spouses. Within the document, there is to be no mention of children, regarding child support or custody agreements.
Couples can decide to get a prenuptial agreement even after they get married. Since this is being done after vows have been exchanged, it’s called a postnuptial agreement. However, the document serves the same purpose. This could become an option if a spouse were to start a business or acquire a high net worth that they did not have prior to their marriage. To complete this document, the same rules must be applied. This means that children are still not allowed to be mentioned in the document.
Our firm understands that so much of your future is on the line in matters of divorce, family law, bankruptcy, and estate planning. Before taking any sort of legal action, it is important to discuss your legal matter with an experienced attorney. Contact The Radol Law Firm to discuss any divorce and family law matters you may be faced with.