Prenuptial agreements are similar to prenuptial agreements, but occur during marriage after the parties have tied the knot. “They`re just as enforceable as prenuptial agreements,” Lindsey says. “The reasons for getting one vary – sometimes the parties who couldn`t sign the marriage contract before the marriage come back to it after the marriage, sometimes an inheritance comes in and the parties want to take care of it, sometimes a big liquidity event, like the sale of a business, is imminent and the parties want to deal with what happens to the product.” With regard to the future, a marriage contract sets out the rights and obligations of the spouses during the marriage and when the marriage ends in the divorce or death of a spouse. The prenup contract must be concluded before the vows are exchanged at a religious or civil wedding. If the marriage is annulled, the prenuptial contract is invalid and unenforceable. It`s no surprise that a soon-to-be-married couple thinks that exploring a prenuptial agreement would be detrimental to their relationship. “They`re basically negotiating what`s going to happen in the event of a divorce,” says Sandy K. Roxas, Esq., a litigator and family law mediator in Torrance, California. But it seems that the opposite could be the case.
“The divorce rate in California is over 50 percent, but in my sixteen years of practice, only 5 percent of my premarital contract clients have returned to file for divorce or legal separation,” Roxas says. Normally, the party earning the most income and/or having the most assets would hire a lawyer to prepare the prenuptial contract. “Then the other party would retain the services of a separate lawyer to review and negotiate the terms of the agreement and make suggestions for possible changes and modifications,” Roxas notes. In addition, prenup can also help partners agree on each of their roles and responsibilities during marriage. If one of the spouses wants to be responsible for all utility bills while the other spouse is responsible for paying the mortgage, this agreement can also be set out in the prenup. While some couples in love feel uncomfortable even discussing a prenup with its connection to divorce, others may appreciate the peace of mind that a prenup provides. If you`re much richer than your future spouse, a prenup can ease concerns that your wealth is a factor in your partner`s decision to marry you. One of the biggest myths that hinder the planning of a successful marriage is the idea that prenups imply a lack of trust or a lack of trust in the longevity of the relationship. Thus, couples often avoid crucial conversations about finances when they date, fall in love, or get engaged again. “At first, my marriage contract seemed one-sided — my husband Ted is divorced and has children from previous marriages,” says California-based Dr. Karina von Middendorf, who married herself for the first time last November.
“Setting up our prenup was a months-long process that involved disagreements and back and forth. But in the end, it was helpful to go through the process as it clarified what our marriage and financial future would look like. “Now that you know exactly what prenups are and what they aren`t, it`s time to talk to your partner. Share this information with them and download this helpful guide to learn more about everyone`s wants and needs for the future. Contact us if you have any questions or need help with any of the topics we cover. You have an incredible opportunity to start with a solid foundation for your marriage – one based on trust, communication, honesty, clarity and, of course, love. A prenup, also known as a prenup, is a written contract in which a engaged couple sets out their rights and obligations with respect to prenupial and matrimonial property and debts, and what would happen if their marriage ended in divorce or death. There are certain justified circumstances that may require a prenuptial, including: A prenuptial contract must be concluded at least one month before the marriage. Throwing a prenup at the other party is not a way to start a marriage, and it`s a sure way to put it aside. You can include as many or as few problems as you like. Maybe you`re just worried about your prenuptial property, inheritance, or alimony.
Your prenup can only cover what you want. If you want to save money, you and your future spouse can use a template to create a prenup. It`s always a good idea for each of you to have at least separate lawyers review the document before signing it. If your estate is more complex, you may want a lawyer to write the prenup. Either way, if a lawyer reviews the prenup, it will help protect your interests and go a long way in convincing a judge that the prenup is valid. You can easily conclude a marriage contract with our document generator. All you need is each spouse`s financial information and the ability to agree on how to manage your future finances. .