Written by Canterbury Law Group

Divorce Certificate vs Divorce Decree – What is the Difference?

Divorce Certificate vs Divorce Decree – What is the Difference

Divorce documents can be confusing but every document you will read is important. For example, a court issues a “divorce decree” but your “divorce certificate” is issued elsewhere. Read on to learn more.

Divorce Decrees

A document originating from the court and is the final judgment in your divorce is known as a divorce decree. Information contained includes things like child support, spousal support, property division, visitation, custody and other relevant information to your particular situation. They are normally very comprehensive documents containing all the pertinent and agreed-upon information for your situation including the laying-out of any financial obligations the parties will have. A divorce decree may only be issued by a court – it must be obeyed by both parties and represents the judge’s legal decision.

If you elected to settle your case, the settlement will contain all the terms and conditions. It still represents the final judgement and is indicative of the fact the parties did not use the input of a court. This takes matters away from the judge. In cases, where the settlement is very one-sided, a judge may become involved to work on the settlement terms.

Getting A Divorce Decree Copy

Obtaining a certified copy of the divorce decree can normally be obtained the court clerks office. However, some locations place them in the office of the county clerk. In normal circumstances the divorce decree can only be obtained by their parties involved or their legal representation.  Once the divorce decree has been obtained, you will need to ensure both parties are obeying the terms of the decree. You will also want to make sure everyone is meeting their financial obligations. Once you have the divorce decree here is what you need to do:

  • Ensure the accuracy of the decree
  • If you have questions, speak to your attorney
  • Appeal immediately if following a trial, you are not satisfied with the decision of the judge
  • Change the terms of your will
  • Update your insurance policies with beneficiaries
  • Ensure the school of your child or children has updated information for who to contact in the event of an emergency
  • If you have a power of attorney, ensure it is changed
  • Ensure all financial accounts are only in your name
  • Change or cancel debit and credit cards
  • If the other party is violating the terms of the decree, bring them back to court
  • If child support or spousal support needs to be updated, bring the case back to the court.

Divorce Certificates

This is not the same as a divorce decree. It is a certificate issued by the bureau of vital statistics or the health department of the state you live in. This document states:

  • The fact you are divorced
  • The names of both parties
  • The date and place of the divorce

A divorce certificate may be used for obtaining a change of name, evidence of a divorce, obtaining a visa for travel, obtaining a passport, to show you are no longer marries for the purpose of inheritance, to get married and any situation when you need to show evidence of your divorce.

Source: “Divorce Decree vs. Divorce Certificate – What’s the Difference?” Legalzoom.com, 26 Sept. 2019, www.legalzoom.com/articles/divorce-decree-vs-divorce-certificate-whats-the-difference.

Need a Divorce Lawyer in Scottsdale or Phoenix?

As proven legal counsel in family court, we have a network of Arizona attorneys, expert witnesses, mediators, tax specialists, estate planners, financial planners, child specialists, real property appraisers, adult and child therapists and parenting coordinators who are here for you if you ever need them. Our lawyersdivorce mediators and collaborative divorce attorneys in Scottsdale are here to make your divorce less stressful and keep you in control and the costs contained. Call today for an initial consultation at 480-240-0040 or [email protected]. Our family lawyers can also help with divorce litigation, child custodylegal guardianshippaternityprenuptial agreements, and more.

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

Written by Canterbury Law Group

What Is A Divorce Decree?

What Is A Divorce Decree

A divorce decree is the final document in the marriage termination process. It states the judgments and finals rulings of the court and is an official judge signed document. Although every decree is different, the decree has the role of detailing the duties and rights of the parties involved in the divorce case.

Obviously, the importance of divorce decrees cannot be understated because until the decree is issued the process of divorce has not been completed. In circumstances when they are not completed there may be issues with the post-decree possession of property, taxes, debt as well as other legal rights that need to be addressed.

Divorce Decree Contents

Divorce decrees often include:

  • Property division agreements
  • Alimony or spousal support obligations
  • Child visitation, support and custody details
  • The financial commitments for both parties

They typically also include the date the decree is effective as well as naming both parties as well as the case number for future reference.

Appeals And Modifications

In the normal course of events, divorce decrees are legally binding for both parties upon issuance. There are, however, some circumstances where a modification motion or an outright appeal may be applicable:

  • A modification may be available for certain issues such as custody rights, visitation or financial support obligations. In the majority of cases, property divisions cannot be modified further.
  • An appeal will often be very limited in scope, concentrating on errors that may have been made in the lower court’s legal rulings.  Appeals must be requested in very specific terms and the filing deadlines must without fail, be strictly satisfied. Facts of the case cannot be appealed, however issues of law can be appealed.

Divorce Decree Legal Help

Once issued and finalized, a divorce decree cannot easily be changed, emphasizing the importance of considering carefully all the actions you must take during the divorce process. This is why a proven divorce lawyer can capably assist in making sure all the bases are covered before the divorce decree is finalized.

Source: LaMance, Ken. “What Is a Divorce Decree?” LegalMatch Law Library, 7 June 2018, www.legalmatch.com/law-library/article/what-is-a-divorce-decree.html.

Need a Divorce Lawyer in Scottsdale or Phoenix?

As proven legal counsel in family court, we have a network of Arizona attorneys, expert witnesses, mediators, tax specialists, estate planners, financial planners, child specialists, real property appraisers, adult and child therapists and parenting coordinators who are here for you if you ever need them. Our lawyersdivorce mediators and collaborative divorce attorneys in Scottsdale are here to make your divorce less stressful and keep you in control and the costs contained. Call today for an initial consultation at 480-240-0040 or [email protected]. Our family lawyers can also help with divorce litigation, child custodylegal guardianshippaternityprenuptial agreements, and more.

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

Written by Canterbury Law Group

How To Emotionally Prepare For Divorce

How To Emotionally Prepare For Divorce

Divorce changes many aspects of your life, so careful planning and a levelheaded approach is essential. Read on for some tips to assist in making the best decisions for your future.

Have You Tried Everything?

When you look at your marriage, have you done everything within your power to salvage the relationship? The last thing you want to do is look back in the future and ask yourself if there were issues you should have addressed before proceeding down this road. The whole process, although stressful, will be easier if outstanding issues are addressed before moving forward with your life.

Move Forward With Purpose

Having tried everything and decided to go through the process of divorce, it is time to adopt an efficient and business style approach to the situation. Of course, there will be a whole gamut of emotions you will digest. But if those emotions hijack your ability to think clearly, you may wind up in situations that are not in your best interests over the long haul.  Be ready to be strong, smart and prepared and to accept the inevitable emotions that headed for you both.

Everyone Can Have Bad Days

Individuals learn from experiencing discomfort, even when the discomfort on an emotional level may be very uncomfortable. Trying to overcome or avoid these emotions in a non-beneficial way may end up posing a threat to the conclusions of your divorce as well as custodial and parenting issues as you move forward. Inevitably, a degree of suffering is part of the human experience. Acceptance of that often makes events easier to cope with.  Your spouse may also ratchet down their own emotions if they see you doing the same.

Categorization

Sometimes it is difficult not to constantly think about the pending divorce, but this is not typically productive. Let your divorce attorney handle the details.  A good idea is to categorize your time and set out a schedule to when you will deal with pending case issues. For example, you may decide after a certain time of day you will no longer engage in communication about the divorce. Allocate certain periods of time to focus on other matters such as yourself, your job, your child or children and your friends. Getting into this routine will help you remain fresh and focused when dealing with divorce issues.  Less is more; let the professionals handle your case.

Self-Care

Mind practices like meditation or a spiritual practice, if you ae so inclined may help too. It is important, above all, to live well, eat sensibly and be mindful of your need for sleep. This will help you make more balanced decisions.

Source: Law, Weinberger Divorce & Family. “5 Steps to Emotionally Prepare For Divorce.” Weinberger Divorce & Family Law Group, Weinberger Divorce & Family Law Https://Www.weinbergerlawgroup.com/Wp-Content/Uploads/2017/04/[email protected], 3 Jan. 2017, www.weinbergerlawgroup.com/blog/newjersey-law-divorce-separation/divorce-emotionally-prepare/.

Need a Divorce Lawyer in Scottsdale or Phoenix?

As proven legal counsel in family court, we have a network of Arizona lawyers, expert witnesses, mediators, tax specialists, estate planners, financial planners, child specialists, real property appraisers, adult and child therapists and parenting coordinators who are here for you if you ever need them. Our lawyersdivorce mediators and collaborative divorce attorneys in Scottsdale are here to make your divorce less stressful and keep you in control and the costs contained. Call today for an initial consultation at 480-240-0040 or [email protected]. Our family lawyers can also help with divorce litigation, child custodylegal guardianshippaternityprenuptial agreements, and more.

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

Written by Canterbury Law Group

How to Ask For A Divorce

How To Ask For A Divorce

Asking for a divorce may be one of the hardest things you ever have to do, even more so if you intend on doing so in a manner that is both respectful and peaceful. But when the relationship has broken down and can no longer work, despite the efforts of all involved, it may become inevitable. True, there is no right way to go about doing this. But read on to learn how you can make this tough situation a little easier to navigate.

Preparation

Understanding the emotional state of your spouse can be very helpful. Are they blissfully unaware or maybe they feel the same way you do? Has the topic ever been raised before now? It is wise to try and estimate the most likely responses from your spouse. In these situations, a counselor or therapist who deals with couples may be helpful. They can address your emotional state and even offer words and methods to initiate the conversation. Certainly try counseling before you pull the rip cord.

Timing

Spend time thinking of the location as well as the time where this should happen as well as ensuring any children you may have are not present, so the discussion is not disturbed. Also think of their circumstances, for example if they are dealing with job and/or career stresses or are grieving the recent loss of a family member or friend, it may be best to hold off until those issues are more settled. To not do so risks their reaction being based off other external events rather than the issue at hand.

Children

There is no question a child or children may experience trauma when they see conflicting situations with their parents. A great way to get them prepared is to let them know from the outset you both can work to terminate the marriage as peacefully as possible. Showing parenting support and assuring the child or children they will not become pawns in a fight can be of great benefit.

Gentleness

If you become frustrated and angry at your spouse during the divorce discussion it is not very likely to go well. Bringing up the topic in a manner that is thoughtful with a willingness to listen is a big key into smoothing out this process. Often your spouse may not have spent much time considering divorce whereas you have spent a great deal of time before revealing your decision. So, you may have to make an allowance of time for them to comprehend what you have said to them. They may be in state of shock or denial, and may have trouble cognitively understanding what is happening in that precise moment.

Perspectives

It may well be your partner wants prolonged discussions or to investigate ways to salvage the relationship. You do not have to be in accordance with them but do listen to what they say. Being heard is very important in these circumstances.  It sets the right tone for the upcoming divorce which can save you both time, money and heartache.

Understanding

It is important to realize your partner may not want to get a divorce. This may come at them like a bolt from the blue as they have not had to time to consider the options regarding a divorce or put any thought process into the decision at all. Compassionate empathy is the key here. If they ask for a week or two before responding, give it to them.  You two have come this far, another few weeks will not matter in the end.

Responsibility

It is important to use statements containing “I” as opposed to “you”. Take responsibility for how you feel and think, instead of reflecting it on to the other person. There are bound to be many and varied emotions through this whole process but even the suggestion of placing blame is going to be very unproductive at this stage. Most states are no fault jurisdictions anyway.  If you feel you need to force an issue or a subject, it is time to back down and raise the concern at a later time.

Help

It may be a good idea to utilize the services of a counselor if you feel you need to come up with the bets possible way of asking for a divorce.  Each spouse should certainly consult with a seasoned divorce attorney ideally before divorce communications formally begin with their spouse.

Source: QuinlanHeidi, Heidi, and Heidi. “How to Ask for a Divorce Peacefully.” Best Legal Choices, 19 Dec. 2019, bestlegalchoices.com/how-to-ask-for-a-divorce-peacefully/.

Need a Divorce Lawyer in Scottsdale or Phoenix?

As proven legal counsel in family court, we have a network of Arizona expert witnesses, mediators, attorneys, tax specialists, estate planners, financial planners, child specialists, real property appraisers, adult and child therapists and parenting coordinators who are here for you if you ever need them. Our lawyersdivorce mediators and collaborative divorce attorneys in Scottsdale are here to make your divorce less stressful and keep you in control and the costs contained. Call today for an initial consultation at 480-240-0040 or [email protected]. Our family lawyers can also help with divorce litigation, child custodylegal guardianshippaternityprenuptial agreements, and more.

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

Written by Canterbury Law Group

8 Reasons Men Leave Women They Love

8 Reasons Men Leave Women They Love

We all sometimes think why men decide to leave the woman they once were totally in love with. Truthfully, there can be a multitude of reasons and often there are many reasons. That said, here are some of the most popular reasons and perhaps will give one food for thought on the way to mending a relationship.

Infidelity

Somewhere between a fifth and nearly half of all marriages end in divorce because of infidelity. When a man’s spouse has been having other partners within the bond of marriage, the commitment and trust a man has left to offer can be strenuously pressured. The internet has brought people who are not married to each other emotionally closer and many consider this a form of infidelity and may be the other cause of a man to leave their spouse.

Respect

Men place a high value on feeling respected and loved and are far more likely to be committed to a relationship when they feel those qualities.  Wives frequently provide respect to virtually all of the people in their inner circles, except their husbands.  Husbands notice this.  Husbands crave daily acknowledgment and respect, wives who don’t give it, may find themselves single again.

Intimacy

When the intimacy one partner in a relationship is something they crave for and the other partner is not willing or unable to provide that emotional closeness and romantic contact, the relationship may struggle to survive.  This often drives the spouse yearning for physical intimacy into the arms of another woman.

Appreciation

A man will often go to great lengths for a woman he really loves if he feels he is being appreciated. Letting him know you realize that is a good thing! So many spouses take the other for granted, everyone eventually has their ‘limit’ on being ignored.

Mom, Not Lover

If you are always reminding him of things he needs to do, clean up the mess he leaves, question about where he is going, where he is and where has he been, he can start to see you adopting the role of a Mother towards him.  This kills romance and passion in the bedroom, and launches you onto a one way trip to dissolution.

Success

If your womanly success highlights his sense of inadequacy it may be more likely he will leave. It is a fact many men have issues with dating a woman of high achievement who may have obtained greater success than themselves.

Satisfaction

When one has an attitude of desiring financial things that are out of reach as opposed to displaying an appreciation of what is already there, it may well be that a man takes that personally. It is important to talk about the things you both appreciate from your relationship and to seek out to achieve mutual financial goals and achievements.

Source: ReichSpecializing, Kristine. “8 Reasons Men Leave Women.” Best Legal Choices, 7 Nov. 2019, bestlegalchoices.com/why-men-leave-good-women/.

Need a Divorce Lawyer in Scottsdale or Phoenix?

As proven legal counsel in family court, we have a network of Arizona mediators, attorneys, tax specialists, estate planners, financial planners, child specialists, real property appraisers, adult and child therapists and parenting coordinators who are here for you if you ever need them. Our lawyersdivorce mediators and collaborative divorce attorneys in Scottsdale are here to make your divorce less stressful and keep you in control and the costs contained. Call today for an initial consultation at 480-240-0040 or [email protected]. Our family lawyers can also help with divorce litigation, child custodylegal guardianshippaternityprenuptial agreements, and more.

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

Written by Canterbury Law Group

My Husband Cheated Twice Should I Stay?

My Husband Cheated Twice Should I Stay

When your spouse has had more than a single affair, what is the best course of action to take. Do you keep forgiving them – especially when you want to remain married to them? Read on to learn more.

Once A Cheater, Always A Cheater?

This is not an entirely true statement. That said, when an affair is discovered, statistically speaking, there will be more than one affair. Yet there is little in the way of quality assistance for couples who want their marriages to heal and maintain their truth to their wedding vows. This is especially the case when a partner in marriage has an affair that they know goes against everything else they morally stand for – especially so when their faith teaches marital fidelity.

Yet there is a rising culture in today’s society who think monogamy is not a realistic population. If you think that, it is very likely you will cheat. But many people who do have an affair want to address what they have done wrong and do their utmost to ensure they never once stray and have an affair. When you are married to someone who claims they appreciate the virtues of monogamy but on the inside thinks otherwise or they have the concept that they have an entitlement to affairs, cheating is almost inevitable. Simply put, monogamy has to be something both sides believe in.

Behaviors, Not Words Are The Key

Promises obviously do not work so behaviors need to change hen a couple are determined to stay monogamous relationship following an affair. Above all, the party who had the affair is the one who needs to change their behavior. Let’s look at what works well and does not work well in achieving this goal.

Ideas That Do Not Work

  • There is no guarantee from renewing your wedding vows
  • No guarantee comes with them saying “I will never do that again”
  • Promises are not a guarantee of monogamy in the future
  • While meeting the needs of your spouse is important, it is wrong to think the hey to the previous affair is the spouse who was faithful not being a good enough partner.

The last point is of vital importance because it is easy for one party to blame the faithful party and for the faithful party to accept they were not good enough – bluntly speaking, you can be a perfect partner and still have no guarantee of monogamy.

Ideas That Work

  • The spouse who cheated must take responsibility for their actions – understand what went wrong and fully comprehend their behaviors and change to make sure they never go down this path again
  • The couple must face the reality of the affair and deal with its ramifications. This means the party who had an affair needs to be responsible for what they have done as well as handling the consequences without making excuses. They also need to exercise a degree of patience with the spouse who has been betrayed and assist in their healing process
  • Whatever demons the person who had the affair has need to be “exorcised.” They need to take a frank and honest look at themselves and question their own morality, as opposed to assigning the responsibility for the affair on their partner
  • The spouse who was faithful need to have their questions answered honestly regarding the affair
  • The couple must work to find out the issues at the core of the causes of the affair and have a clear vision for the future to ensure success
  • The party who took part in the affair needs to fully disclose what happened and both parties need to understand the actions that impact marriages. It is never too late to change behaviors

Keep Forgiving?

This is a personal question and there is no correct answer. Possibly, you may be aware your spouse continues to be unfaithful, but you decide to stay and maintain the marriage. Only you can decide if that is right or wrong for you. But if that is not acceptable, you are setting yourself up for more emotional upheaval. Often it is not until you take a stance where you give up your marriage that you obtain it as the person having the affair does not realize they have lost you until you take that stance. Threatening does not work. You have to decide for there to be an impact.

Source: Bercht, Anne. “Multiple Affairs – When Your Spouse Has Had Multiple Affairs.” Brian and Anne Bercht, 6 Feb. 2015, beyondaffairs.com/special-circumstances/multiple-affairs/.

Need a Divorce Lawyer in Scottsdale or Phoenix?

As proven legal counsel in family court, we have a network of Arizona mediators, attorneys, tax specialists, estate planners, financial planners, child specialists, real property appraisers, adult and child therapists and parenting coordinators who are here for you if you ever need them. Our lawyersdivorce mediators and collaborative divorce attorneys in Scottsdale are here to make your divorce less stressful and keep you in control and the costs contained. Call today for an initial consultation at 480-240-0040 or [email protected]. Our family lawyers can also help with divorce litigation, child custodylegal guardianshippaternityprenuptial agreements, and more.

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

Written by Canterbury Law Group

How Much Does A Postnuptial Agreement Cost?

How Much Does A Postnuptial Agreement Lawyer Cost

Postnuptial Agreement costs can vary enormously and there is little that can be clearly established. However, in the US in 2020, he average cost for a postnuptial agreement is $4,750. On the low end, it can be as little as $50 and on the upside, it can be greater than $10,000. Read on to learn more.

There are many issues that can have an impact of the price of postnuptial agreements. From your own financial situation that may need the services of an auditor and to whether the two partners agree on provisions and terms of the postnuptial agreement. In some cases, the documents can be created by yourselves as well as consulting an attorney to assists in the drawing up of a postnuptial agreement. Attorney fees can go from those who charge a flat-fee rate to in excess of $500 per hour.

To further clarify, here are some estimates based on an average highlighting the costs for postnuptial agreements.

  • $50 can buy you DIY style of postnuptial agreements, forms, books and even software to prepare the documents.
  • There are multiple online options that can range from $100 to around $250.
  • Attorneys will charge on average $1,000 for a simple postnuptial document and the costs can rise to around $3,000.
  • Postnuptial agreements that are complicated in nature and require ongoing and prolonged negotiations and especially when substantial provisions and assets are involved, costs can start at around $10,000.

Psychology Today suggests the average cost for a prenuptial agreement in somewhere from $2,500 to $7,000. They also note there have been cases (although very extreme examples) can cost in excess of $50,000.

Source: “What Does a Post Nuptial Agreement Cost?” Post Nuptial Agreement, https://www.postnuptialagreement.org/post-nuptial-agreement-cost/.

Source: OgborneEngaging, Michelle N. “Postnuptial Agreement Cost: Average Prices – Ogborne Law.” Ogborne Law, PLC, 19 Dec. 2019, https://ogbornelaw.com/postnuptial-agreement-cost/.

Contact Our Prenuptial Agreement Lawyers In Scottsdale

Consulting with a talented Scottsdale prenuptial agreement lawyer or family law attorney who is knowledgeable and experienced in drafting and litigating premarital agreements will save you a great deal of grief and expense in the future. Contact Canterbury Law Group today.

*This information is not intended to be used as legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-240-0040 or [email protected]

Written by Canterbury Law Group

How Much Does A Prenuptial Agreement Cost?

How Much Does A Prenuptial Agreement Cost

The average price of a prenuptial agreement for the US in 2020 is $2,500 with prices varying from $1,200 to $7,500 to $10,000 in the US for 2019. Read on to learn more.

Prenuptial agreement costs will vary depending on the agreement and its complexity as well as the assets you have. Often, lawyers will charge hourly fees when compiling these agreements and other will work on a flat fee.

Businessinsider says: “Typically, prenups cost around $2,500, but can cost more if you spend a while haggling out various issues.” – however on the low end you can expect at least am investment of $1,200 to $2,400 for a basic prenuptial agreement but again to quote Businessinsider: “…can cost more if you spend a while haggling out various issues.” It is important to understand this really only applies when your financial situation is not complicated. When it comes to the negotiation of issues that are far more complex or when you live in one of the countries major population centers, the cost can go up to $7,500 to $10,000 for each party involved in the prenuptial agreement.

Furthermore, GoBankingRates says: “Prenup price estimates are all over the map. One California firm says the average prenuptial agreement its attorneys write costs between $2,000 and $6,000 per person. Some charge a set fee; many charge by the hour. If you have no money, you have no prenup.” – Remember fees can change constantly, so it is a great idea to get a prenuptial attorney with experience to become part of the process as soon as you can.

When you think the average wedding in the US costs just under $27,000 and the average sale price of an engagement ring is a shade under $46,000 it puts the prenuptial agreement fees a little more in context – not to mention a prenuptial agreement offers you protection from a financial standpoint as you go forward in married life.

Prenuptial Agreement Cost Considerations

  • The assets you have
  • The complex details of the prenuptial agreement
  • Where you reside
  • The reputation and of the lawyer and the practice where they work
  • Negotiations that take a prolonged time to resolve
  • Lawyer fees for the prenuptial agreement
  • The negotiation of complicated and complex issues

Long Term Considerations

It is very fair to say if you and your soon to be spouse are already discussing details of a prenuptial agreement you are way ahead of the curve compared to many couples. There is no doubt talking honestly about your future relationship will pay dividends over time. If a marriage fails, it is never easy and the stating of ground rules regarding finances at the outset of a marriage can be of great benefit to both parties at a later date.

Discussing Prenuptial Agreements

This can be a tough topic to raise. It is a good idea to have the prenuptial agreement in place at least thirty days before the date of the wedding but the papers should be drawn up months beforehand as this allows everyone to look over the paperwork fully and gather a comprehensive understanding of the prenuptial agreement. Obviously, it is best if you and your spouse can discuss this before the papers are initially written – people often do these six months or so before the actual date of the wedding. This allows sufficient time for financial goals to be stated and agreed upon as well as other factors like lifestyle options and come with some establishing rules as you go forward together in your relationship.

Source: OgborneEngaging, Michelle N. “How Much Does a Prenuptial Agreement Cost?” Ogborne Law, PLC, 4 Dec. 2019, https://ogbornelaw.com/prenuptial-agreement-cost/.

Source: Hoffower, Hillary. “You Don’t Need to Be Rich to Get a Prenup – Here’s How Much You Should Expect to Pay.” Business Insider, Business Insider, 20 Oct. 2018, https://www.businessinsider.com/how-much-does-prenup-cost-2018-10.

Source: Spengler, Teo. “9 Reasons a Prenup Isn’t Worth the Cost.” GOBankingRates, Toggle Navigation Back, 7 Mar. 2019, https://www.gobankingrates.com/saving-money/relationships/reasons-prenup-isnt-worth-cost/.

Contact Our Prenuptial Agreement Lawyers In Scottsdale

Consulting with a talented Scottsdale prenuptial agreement lawyer or family law attorney who is knowledgeable and experienced in drafting and litigating premarital agreements will save you a great deal of grief and expense in the future. Contact Canterbury Law Group today.

*This information is not intended to be used as legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-240-0040 or [email protected]

Written by Canterbury Law Group

What Is A Fair Prenup?

What Is A Fair Prenup

A prenuptial agreement (known as a prenup) has the purpose of establishing certain assets brought into the marriage and protecting them in the event the marriage should fail or one of the partners becomes deceased. Another purpose for a prenup is the protection of an inheritance. This is very much the case in instances of second or third marriages where the welfare and future of children from prior marriages  have to be protected from subsequent divorce.

Fair Prenup

Prenups are good when they protect a party. It also establishes a route to follow for the future if the marriage ends in the death of a partner or a divorce and should avoid the need for future litigation. A prenup should have both parties represented by separate lawyers and it is vital to make sure there is a complete and full disclosure of liabilities and assets and the marriage is being entered into between two consenting adults. The agreement needs to be fair when it is signed and the enforcement should be fair as well, regardless of whether it is five years down the line or decades later. These are all primary aspects of a good and healthy prenup.

Unfair Prenup

A bad prenup often results when a party feels a great deal of pressure to sign, particularly on the eve of a wedding – and that is clearly unfair. Some agreements can be so one sided in favor of one spouse there would be no way an equitable solution could be agreed if the agreement was put into practice. Although each case is unique, some unfair features can include when both parties have to pay their own fees for legal fees during a divorce. Equal divisions of assets obtained in marriage when individual states often have different rules governing the allocation of assets, especially regarding property.  Sometimes agreements state one party will receive a set income in the case of a divorce which decades later can be wholly inadequate because of inflation and the shifting cost of living.  Agreements that in the case of a contested divorce that the “losing side” should shoulder all the attorney fees can been deemed void by a judge as fundamentally unfair. This kind of unfairness is often seen when one party is wealthier than the other and also the case when both parties are entering marriage for the first time.

Last Minute Prenup

The inherent problem with last minute prenups is the wedding is so soon, there is often not the time, or the party is not in a reasonable emotional state to negotiate the prenup in a way that is fair. It is a modern equivalent of the “shotgun wedding” scenario and often it is the female partner who is put in this situation by their fiancé who usually has far greater assets. In the U.S. it is traditional (and dictated by some religions) the family of the bride foot the cost of the wedding so there may already be a great investment in the marriage and the female partner feels as if she cannot back out and so she signs the unfair prenup despite their being a large deficit in the balance of power of the relationship. It is a very unfortunate egregious scenario that does not at all reflect well on the person trying to get the other party to agree and sign.

Advice For Fair Prenups

  • In marriages where there is a great deal of net worth, institute a phasing in of sharing assets obtained before the marriage over a number of years with a guarantee of support under certain circumstances.  This is a phase-in-over time approach of wealth transfer.
  • Make provisions for when things change. Remember an agreement can be reviewed once more and revised. Do not forget there is the option of a sunshine clause where after X amount of years, the agreement is no longer valid and it simply evaporates as void.
  • Be fair in your negotiations and avoid being greedy. Remember, you want a successful and happy marriage. if you focus on the negative, it is more likely to lead to a divorce down the line.

Source:

Gornbein, Henry. “How To Avoid Becoming A Prenup Horror Story.” HuffPost, HuffPost, 16 Jan. 2012, https://www.huffpost.com/entry/prenuptial-agreements-the_b_1088748.

Contact Our Prenuptial Agreement Lawyers in Scottsdale

Consulting with a talented Scottsdale prenuptial agreement lawyer or family law attorney who is knowledgeable and experienced in drafting and litigating premarital agreements will save you a great deal of grief and expense in the future. Contact Canterbury Law Group today.

*This information is not intended to be used as legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-240-0040 or [email protected]

Written by Canterbury Law Group

Should I Get A Prenup?

Should I Get A Prenup

Millennials are embracing prenups like never before – but is it right for you? Older generations have forever complained their offspring do things differently and marriage is not exempt from that. Millennials are getting married later in life and a prenup is becoming more common. Once only the choice of the wealthy, Millennials are getting prenups for non-financial reasons, too, reflective of the fact many Millennials put a higher value on experiences than material possessions. Therefore, Millennial prenups often cover “intellectual property” rather than physical or financial assets.

If you are a millennial and considering a prenup, read on to find out if it may be right for you.

What’s A Prenup?

Officially called a “Prenuptial Agreement” it comprises a legal document couples obtain before tying the knot. Its purpose is to make a determination of property division should the marriage end in divorce. It also protects one spouse from the debt of the other partner. Laws regarding what can and cannot be included in the agreement as well as what happens to assets that are accumulated during the course of the marriage differ from state to state. Normally a prenup does not address items earned |during the lifetime of a marriage – this has posed issues for lawyers as millennials often want to include concepts, ideas and assets that they may obtain in the future.

Why Are Millennials Getting Prenups?

When polled by their own member organizations, attorneys claim there has been a marked increase in the total amount of millennials seeking prenuptial agreements. Indeed, prenups are up around 62 percent for all sections of the population but the greatest spike has been for millennials. One reason is millennials are more aware of the high divorce rate that hovers around 40 percent. Therefore, millennials feel it is important to enter marriage with a plan as opposed to spending large sums of money should they later divorce. Millennials are also wanting to include more than just physical property in prenups. The thought being if a partner creates something (e.g. a company), their intellectual property should be protected in a prenuptial agreement. There is even a concept that a prenup can prevent couples from sullying the reputation of the other partner should the marriage end in divorce. This is considered important for professional occupations, particularly roles with a strong exposure to social media populations.

Do I Really Need A Prenup?

Prenups can be good but they are not always needed. if a couple has large financial assets it may be wise but there are also other reasons to consider a prenup. Your credit can take a major hit in a divorce and you may have to pay alimony as well as the debts of your spouse and of course you will be required to pay child support as well as your own living expenses. Prenups are also good at avoiding potential debt traps like the other person’s student loan debt. It is a fact millennials have more student loan debt than any previous generation and a couple who has to shoulder additional debt when they marry should certainly be considering a prenup to keep those debts solely on the shoulders of the person who incurred them.

How Do I Get A Prenup

Prenups are not free but they cost a lot less than what you would pay lawyers in a subsequent divorce. Each party should have their own legal representation. Thankfully, most lawyers will assemble a prenup for a flat fee. You will have to spend time deciding on the proposed division of debts and assets you both have, and your lawyers can guide you through the rest of the process.

Conclusion

More than ever, couples are choosing prenups when they marry. A lot of stress can be saved if alimony, assets and debts are divided up prior to the marriage taking place, should the marriage end in a divorce.

Source:

“Should You Get A Prenup?” Money Under 30, https://www.moneyunder30.com/should-you-get-a-prenup.

Contact Our Prenuptial Agreement Lawyers in Scottsdale

Consulting with a talented Scottsdale prenuptial agreement lawyer or family law attorney who is knowledgeable and experienced in drafting and litigating premarital agreements will save you a great deal of grief and expense in the future. Contact Canterbury Law Group today.

*This information is not intended to be used as legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-240-0040 or [email protected]

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