Preparing a Prenuptial Agreement Before You Get Married
If you’re planning to get married, you’ll want to consider drafting a prenuptial agreement. The agreement will protect your assets in the event of a divorce. The agreement should include full financial disclosure. This includes income, investments, real estate, property, and debts. It also outlines any financial obligations.
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Getting a prenuptial agreement
Prenuptial agreements can help you and your future spouse avoid a messy divorce and ensure that you both have adequate protection in the event of divorce. However, it is important to consider the pros and cons of having a prenuptial agreement before you tie the knot. In many cases, a prenuptial agreement can actually strengthen a relationship instead of straining it.
Signing a prenuptial agreement before marriage
Signing a prenuptial agreement can be an excellent way to clarify any issues that may arise in your marriage before you tie the knot. Many women put their careers on the line by having children, and a prenup can prevent a situation in which one spouse will be significantly worse off than the other. Prenups are also helpful for couples who may see their incomes change over time.
Protecting your assets in case of divorce
Before you get married, you should discuss your financial future with your future spouse. It is important to understand how the other person would treat your assets in the event of divorce. If you share a common interest in the property or have inherited property, it is a good idea to protect it with a prenup.
Drafting a prenuptial agreement with a lawyer
Drafting a prenuptial agreement is an important task, which can be difficult without legal help. The agreement must accurately reflect the parties assets and liabilities, and it must be translated into a legally binding document. Prenups can be rescinded if the information is inaccurate or incomplete. To avoid this possibility, you should provide your lawyer with a comprehensive list of your assets and debts, as well as any valuable personal property. Moreover, you should provide recent financial statements.
Avoiding situations where a partner is forced to sign it under duress
Prenuptial agreements are important for establishing financial boundaries between partners and protecting assets that a couple brings to the marriage. However, they must be voluntary and forcing a partner to sign one raises the potential for duress. The 2d District Court of Appeal recently ruled that a prenuptial agreement that was forced upon a partner was invalid.
Enforcement of a prenuptial agreement
It is possible to protect significant property by negotiating a prenuptial agreement. However, the terms of a prenuptial agreement must be voluntary. If an agreement is made under duress, such as an ultimatum, a court may not enforce it.