You have probably heard about prenuptial agreements, especially among wealthy celebrities. Most people avoid dealing with a prenup because it has a negative connotation. You may feel that a prenup presumes that your relationship will end in divorce. However, it is actually an insurance protection against problems in the event the marriage does not last. Anyone who has money, property or any other assets can benefit from a prenuptial agreement. If you are considering a prenup, it is best to have it drawn up and executed by an experienced attorney.
What Should I Include in a Prenup?
A prenuptial agreement is a legal contract that provides for how assets must be divided in the event of a divorce. The prenup may take into account your current assets as well as future assets. The most important thing to include in a prenup is the home or property. If one spouse owned the home before marriage, the situation can get difficult and complicated when a couple splits up. The prenup will clearly identify property and provide terms for distribution in the event the marriage dissolves. Prenups are best when distributing real assets. You may include a sunset clause that essentially ends the prenup once the marriage lasts a specific number of years.
Ensuring Fairness in a Prenup
Even though a prenup is a contract, it needs to be fair to both parties. If it is extremely unfair to one of the individuals, it may be reason to fight the prenup in court. No prenup is completely ironclad, but when it is made in fairness to both parties, it is most likely to be upheld. The best prenups are those that include as much detail as possible. Vagueness is always an opportunity for dispute. Both parties must fully disclose their assets and liabilities in the making of a prenup. When one party does not disclose everything, the other party could have reason to dispute it.
Executing a Prenuptial Agreement
If you are going to sign a prenup, you should take the time and effort to make certain that it is legally binding. Avoid using online forms and templates because they are usually not effective. A good prenup must be signed by both parties without duress or threat. One of the benefits of creating a prenup is that both parties will have the ability to view the other’s finances. This is an area that could be concerning later. A prenup is a way to resolve potential divorce disputes before they occur. This is the time when you are both free from problems that could make divorce more difficult.
Choose a reputable Brevard County family law attorney to draft your prenuptial agreement. Your attorney knows exactly what to include in the document and how to make sure that it will be carried out in the event of a divorce. Both parties can benefit from a prenup and it could be extremely helpful in making divorce easier and less stressful should it ever happen. Contact Henderson Legal Group to discuss your prenuptial agreement needs.