Featured News 2013 Do I Need a Prenuptial Agreement?

Do I Need a Prenuptial Agreement?

While you work on wedding details and talk about future plans, thinking about a prenuptial agreement can seem decidedly unromantic. Yet there is more to a prenup than planning for a divorce. Premarital agreements can also outline issues for during a marriage. They might also make provisions for when a spouse dies. These documents are very practical then. Signing a prenup does not have to mean that you are already thinking about a divorce. It can cover all aspects of your future.

There are many reasons why you may want a prenuptial agreement, and they do not necessitate having a high net worth. This agreement can define the financial roles for the marriage, such as who will pay which bills and through what means. You may want to outline how a business will be run. Prenups can even tackle issues such as how to deal with credit cards and how money will be saved. The agreement can state whether there will be joint banking accounts, and how they will be handled.

A provision of the prenup might also deal with how disputes will be settled, such as deciding to work with a mediator. The agreement could stipulate that one spouse will provided for to go to school. You may also be able to protect yourself from your spouse's debt. This does not only come into play in a divorce. It can mean that creditors cannot use your property to pay off debt that only belongs to your spouse. This is only a sample of what a prenup might address in married life.

A premarital agreement can also plan your estate. It can say that your spouse will receive a life insurance policy on your passing, for example. You can also use a premarital agreement to keep heirlooms and some inheritance in the family. If you have children from a previous marriage, then the agreement can outline what will be passed down to your children when you pass away.

Of course, a prenup can also include agreements for what should take place if there is a divorce. It can state whether or not there will be alimony, how much there would be, and what is separate property and thus exempt from division. It can also keep you from landing with any of your spouse's debts. There are often limits on what can be addressed, however. For example, child custody agreements laid out in a prenup may not be honored by a court. If you want to make stipulations in case of a divorce, then you should look into state laws first. There may already be provisions for what you need.

For a prenup to work, it will have to pass the scrutiny of the courts. Different states have various laws, all of them complex. You will want to ensure that your agreement is legally binding, and that it protects your full rights. You also do not want a prenup to lose validity in the court's eyes by filling it with things that do not pertain to finances. The success of your agreement may depend largely on the involvement of family law attorneys. You should not be without legal help.

If you are considering a prenup, you should get qualified legal counsel on your side as soon as possible. It will probably be a good idea to talk this over with your fiancé, and you two can present an attorney with an outline of what you want deal with. In this manner, the prenuptial may be able to address both of your issues through a simple process. You can bring the list of decisions, and a lawyer can ensure that a court will honor your agreement.

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