Should You Hire a Family Law Attorney for a Prenuptial Agreement?

Should You Hire a Family Law Attorney for a Prenuptial Agreement?

A prenuptial agreement may be the last thing in the minds of most couples that are about to marry, but its importance can’t be emphasized enough. In a prenuptial agreement both the partners disclose all financial assets, set rights and responsibilities, and how the properties will be divided in case of a divorce or death of one of the partners.

Crafting a prenuptial agreement can benefit both partners. If the partners do not create a prenuptial agreement, also known as a premarital agreement, state laws will govern the rights to properties. Some of the ways the couple can benefit from the agreement include the following:

1. Provide for Children Before Marriage

The prenuptial agreement can include provisions for protecting interests of children from previous relationships. Children from a previous marriage can get property rights and inherit property in case of death of a partner. This will ensure that their property rights are protected in case of the untimely demise of one parent.

2. Keep Properties Separate

A prenuptial agreement can specify whether an asset acquired during marriage is part of a marital estate or the separate property of one spouse. By default legal provisions dictate that the property after marriage belongs to both the partners, and may be equally divided. In case you want any of the property to remain separate from the marital estate, then you can mention that in the prenuptial agreement.

3. Division of Property in Case of Divorce

If there is no prenuptial agreement, state laws will determine how properties bought during marriage are divided between the partners after divorce. In case you want the properties to be divided equally between the partners, then the best course of action is a prenuptial agreement.

Conclusion

The period before marriage is when both the partners are in the grip of positive emotions. However, this is also the best time to think about a prenuptial agreement, which can save a lot of time, money, and tension involved in legal battles after divorce. It can define financial rights of both the partners and their kids.

A prenuptial agreement is valid as long as it protects the interests of both partners and fully discloses the assets of each partner. Also, the agreement must be recorded and acknowledged with full formality similar to the writing of any other legal document.

This is where the services of a family attorney will prove invaluable for you. A family attorney will ensure that the agreement between the couples complies with legal requirements and is fully enforceable. It’s advisable that both the parties have separate legal representation. This will ensure that the agreement protects the interest of both parties. If the prenuptial agreement seems unfair for one of the parties, the court may invalidate the agreement.

8 Comments

  1. I learned a lot about family attorneys by reading this article. It was cool to learn that having a family attorney will help to keep your properties safe. I can imagine how helpful a good family lawyer can be when it comes to ensuring that all family problems are handled with ease.

  2. It seems like a good idea to get a family law attorney for this kind of thing. That way you can ensure that everything is split up evenly! It would be bad if you got taken advantage of in that kind of situation.

  3. I was need a family lawyers.But i didn’t know how to discover and employ a lawyer.I took in a ton about family lawyers by perusing this article. It was cool to discover that having a family lawyer will protect your properties. I can envision how supportive a decent family legal counselor can be with regards to guaranteeing that all family issues are taken care of easily.

  4. Either you get a prenup, or the State is your prenup…

  5. It’s interesting how you point out that if there is no prenuptial agreement in a marriage, state laws will determine how properties are divided between partners after a divorce. My sister is getting married and I don’t think it will last long, so I bet having a family law attorney to help her draw up a prenuptial agreement would make a divorce easier and quicker should that happen to her. It also would be nice so you don’t have to worry about fighting over your property or assets should you end up getting a divorce.

  6. My cousin is probably going to be getting a divorce, and she will most likely be getting a prenuptial agreement. I told her that it would probably be a good idea for her to do that. I like the fact that children can get property rights and inherit property in case of death from a previous marriage. Hiring a family lawyer to help with this is a smart route to go it seems.

  7. You know, I never thought about it, but it makes complete sense that you would want to have an attorney be available for the prenuptial agreement. I’m thinking about getting someone to help plan my prenuptial agreement. I don’t think I’m getting a divorce, but I would definitely rather be safe than sorry. Do you have any other tips in regards to planning a marriage or divorce?

  8. Prenups are the way to go these days, making expectations clear right from the beginning. With that said, I do think a family lawyer should be somewhat involved in drafting the prenup and making sure there are no loopholes therein.

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