What needs to be included
If you are thinking about signing a prenuptial agreement before marriage, then you need to know how to make it air tight.
Prenuptial agreements are not always legally binding contracts, and are often voided when put before a judge. So the best advice anyone could give to you, is that you need to do your research
You need to know what exactly a prenuptial agreement can be used for and what can make it void.
What can a prenuptial agreement be used for?
A prenuptial agreement is a contract which outlines how assets are distributed in the case of divorce. It outlines all your assets which you are entering marriage with, and any debts which you may be entering marriage with. This helps to prevent long drawn out divorces which can become bitter.
How many pages should it be?
There are no set guidelines on how long a prenuptial agreement should be. It depends mostly on the assets and agreements, that you and your partner what to set up. It could only need five or six pages to outline everything; then again it might need one hundred. It shouldn’t be too hard to do though, as both partners should have a mutual trust, after all you are about to enter a marriage.
What shouldn’t you put in a prenuptial agreement?
A prenuptial agreement is about assets, not personal matters.
Many a time prenuptial agreements have gone before a judge and been thrown out, because they discussed personal affairs of the marriage. Personal affairs include things like weight gain, frequency of intimacy and hair colour. As silly as it sounds people do try and include matters such as them, and it is a sure fire way to get the agreement totally voided.
Can you totally separate your finances?
You can separate your finances to a certain degree. If a judge thinks that the prenuptial agreement isn’t fair to either side of the party they may null it. So it needs to have a balance. For instance if the prenuptial agreement states that no child support will be paid in case of a divorce, then that will likely void your contract.
Do you need a lawyer to write the contract for you?
You don’t actually need a lawyer to write the prenuptial agreement for you, although it is advised that you do, with them being so tricky to validate. However all occasions call for a lawyer from each party to be present. During the signing if no lawyer is present when the documents are signed, then it doesn’t matter what’s in the thing, it will be thrown out.
If you are looking for a prenuptial agreement sample to base yours on, then there are many widely available on the internet.
Many of them are totally free to view and print too, which can make the job somewhat easier for you. It is wise to remember though that while the subject might be tricky, you need to sign the papers more than 21 days before the marriage ceremony, again if you do it any closer to the wedding it will not be seen as vaild.…
A prenuptial agreement is not always a legally binding contract and you need to know what a judge might see as an invalid agreement. There is no point in creating a prenuptial agreement at all if it won’t stand up in court. It’s been said that 1 in 3 marriages ends in divorce. So having a legally binding prenuptial agreement is always the best way to go.
21 days before you marriage
If you sign the prenuptial agreement less than 21 days before your marriage ceremony then it might be seen as invalid in court. This is because a judge might be persuaded that one of the parties was pressured into signing the document.
Keep it financial
Your prenuptial agreement could be classed as void if you involve any personal matters. A prenup is about money nothing else. You don’t want to bring any aspect of your marriage into the document.
It’s not about the kids
If you have children or are planning to have children during marriage then you don’t want to involve them in your agreement. This could void the entire document should it go to court.
Make sure you’re honest
If a judge thinks anyone has been duped they will write off the whole contract. Each person needs to know 100% of the others finances, to make an informed choice about signing.
Have a lawyer present
If you go ahead and have prenuptial agreement then on signing, have a lawyer present, to witness it happening. Having someone in the field of law watch you sign it, will stop most doubt in court about whether both parties understood what they were doing. Some people can be bitter through divorce and you don’t want them to be able to make false claims.
Keep it updated
If any major changes occur in your life, to do with your finances then you might want to update your contract. As they could and sometimes do leave the original one void. While you might be happy in your marriage it is still wise to keep to the agreement.
Just for that security in case anything did go wrong.
Some extra thoughts
It is always wise to treat the subject carefully with your partner. Some might take it as a sign of distrust in the relationship. You need to make it clear that it is only part of looking after your assets, and nothing to do with the actual relationship itself. Just because you might not be a millionaire doesn’t mean you don’t have a right to protect your assets.
$30,000 can mean just as much as a million, if you have spent your time working for it and saving it up. Make sure they know that just because you are safeguarding in case of divorce, doesn’t mean you think you will get divorced.
If you make sure they understand that, then you can avoid a lot of potentially hurt feelings. You don’t want either of you feeling unsure about the relationship before the marriage.…
The sad fact is one in three marriages end in divorce; you might want to consider this, if thinking about a prenuptial agreement.
Though not always legally binding when obtained correctly they are usually up kept by the court. If you think that a prenuptial agreement might be right for you then here are the 9 steps you need to take in order to get one.
Step One: Know whether you need one:
Don’t think that just because you don’t have millions, that you don’t need a prenuptial agreement. Even if you only have a small amount saved, it could be worth drawing one up. People can become bitter during a divorce, so having it all worked out beforehand is always a good idea, if you have something you might want to protect.
Step Two: Raise the issue early
If you are thinking about getting engaged to your partner, then you want to be thinking about a prenuptial agreement then. You want to raise it to your partner even possibly before you propose. So they know what your expectations are before they say yes to marriage.
Step Three: Be honest
Not only is honesty the best policy for your relationship when entering a marriage especially, but your prenuptial agreement might actually be voided if you aren’t honest. So you need to be upfront about all your financial details. The courts see it as your partner not knowing all the details before they agree, basically nulling the agreement.
Step Four: What you should include
Prenuptial agreements should be about financial issues which include money, stock or a retirement fund. They should not be about personal issues. A judge could find the agreement totally void if personal issues are in a prenuptial agreement. So Don’t include anything to do with children or your marriage.
Step Five: Be sensitive about the subject
Be sensitive about the subject. If one has more than the other, it can be a touchy subject. So while settings out what you want try to understand each other. A lot of arguments stem from discussing a prenuptial agreement which could be avoided. Think about it, no one really wants to think about divorce before their wedding.
Step six: Sign it in plenty of time
You need to have the prenuptial agreement signed at least 21 days before the marriage ceremony, if you don’t a judge could find it void. It might be argued that one of the parties felt pressured into signing it with the wedding being any closer.
Step Seven: Always get separate representation
When looking over the agreement you both want to get separate lawyers. This stops there being any preference given to the parties.
Step Eight: Always have three copies
When getting your prenuptial agreement signed you always want to have three copies. You also want to have one or both of your lawyers present at the time of signature. Then one of the copies is given to the lawyer, with one copy to you and the other to your partner. This is again so a judge can’t find it void in court.
Step Nine: Get a new prenuptial agreement is there are large changes
You might want to think about setting out a new prenuptial agreement every five years or so, or If there are any big changes in your finances. Often in a marriage the prenuptial agreement will be forgotten, but it’s always best to keep it update with your life.…