Category Archives: Marriage

In this post we look at may what happen if you choose not to sign a prenup. Read on to learn more.

Understanding the implications are very important. Prenups supersede the safeguards and regulations passed by the state and observed by civil law. So, if you do not sign the prenup and sub sequentially get divorced, your assets may not be safeguarded. There may also be debate regarding spousal maintenance and the splitting of other partial assets as well as what may happen if one partner passes away.

Legal Advice

Once you have decided regarding a prenup, regardless of whether it is to sign it or not, it is a very good idea to obtain some legal advice, so you have a clear picture of the process and the prenuptial arrangements. This way you can make a fully informed decision. Usually, couples meet with a mediator and determine if a prenup is desirable.

Valid Prenups

In the past courts would often view prenups with suspicion because more of ten than not, the spouse with less economic power were often involved in a waiver regarding financial and legal benefits. However, with equality becoming an ever-larger part of these arrangements – judges can still determine if a prenup is fair or not. Thatsaid, you should negotiate and write up your own prenup and have individual lawyers review it, otherwise the court may question the legality of the document.

Read on to learn more about instances where it may be possible to get a prenup thrown out.

Unfair Provisions

There are potentially several provisions that a couple may have in a prenuptial that may be considered for throwing out by a judge. Any divorce provisions must be fair and not contradict existing state laws. In the case of infidelity there may be issues if it is tired to a spouse potentially losing custody or visitation rights to a child or children. 

Infidelity and Lack of Assets

In the case of infidelity where one party is far wealthier than the other, the prenup may state the other party only receives a set portion of the wealth of the other party/

Signing Under Duress

If one person feels pressured to sign a prenuptial agreement, they may explain this to a judge at the time of a divorce. However, it is vital to contact a lawyer as soon as you can, having been coerced to sign.

A Fraudulent Agreement

If all assets and liabilities have not been disclosed prior to the prenup being signed, it may be invalidated. This can also apply if assets or debts have been misrepresented or exaggerated in any form.

Violating State Laws

The prenuptial must not be in violation of current state laws. Especially regarding the division of property, child visitation or custody.

Proper Legal Representation

If one party lacks appropriate legal representation the judge may toss the prenuptial agreement. Each party must have their own independent counsel who can explain the agreement and its terms and conditions fully to the person signing the agreement. This can prevent unreasonable demands being put upon one of the people in the agreement. Therefore, it is vital to have a lawyer examine the document before agreeing and signing said document.

Source: https://www.hg.org/legal-articles/prenups-can-get-thrown-out-if-they-are-unfair-48729

Prenuptial agreements usually last for the lifetime of a marriage but some couples include what is called a “sunset” clause where the prenuptial agreement is no longer valid after a certain time period. If there is no clause it is assumed the agreement will last a lifetime. Read on to learn more.

What Does a Prenup Cover?

A prenup can include the following:

• Spousal support or alimony
• A child or children from a previous marriage
• Estate plans
• Family property
• Financial obligations
• Liability of debt and assets
• Division of property
• Spending and saving strategies
• Separate and marital property
• Business ownership

It is important to work with an experienced attorney who is knowledgeable in matrimonial law as well as Arizona laws regarding prenup agreements. Canterbury Law Group can help you find the right professional in Arizona to discuss and create a prenuptial contract that best fits your relationship and marital expectations.

Can You Change Or Cancel A Prenup?

A prenup may be changed at any time but both parties must agree to the changes in writing. If a couple of items are changed, the rest of the prenup still stands. Should the couple want to terminate the prenup they can do so in writing.

Can You Sign A Prenup After You Are Married?

Some couples get married prior to signing a prenuptial. It is called a postnuptial agreement and the structure of the agreement is almost identical to that of a prenuptial agreement.

It can take from a few minutes to a few months to finalize a prenuptial agreement.  AVVO says, “Your best bet is to schedule a free 1/2 hour consultation with an attorney who can give advice after the facts are known.” Forbes says, “Presenting your intended with a prenup the week before the marriage is not good practice, and in some states could be used to overturn the prenup. For that reason, the idea of a prenup should be raised long before the marriage.”

Defendants charged with crimes are almost always best served by obtaining a lawyer. Read on to learn more.

A prenuptial agreement (“prenup” for short) is a written contract created by two people before they are married. A prenup typically lists all of the property each person owns (as well as any debts) and specifies what each person’s property rights will be after the marriage.

Who Needs a Prenup?

Contrary to popular opinion, prenups are not just for the rich. While prenups are often used to protect the assets of a wealthy fiancé, couples of more modest means are increasingly turning to them for their own purposes. Here are some reasons that some people want a prenup:

Pass separate property to children from prior marriages. A marrying couple with children from prior marriages may use a prenup to spell out what will happen to their property when they die, so that they can pass on separate property to their children and still provide for each other, if necessary. Without a prenup, a surviving spouse might have the right to claim a large portion of the other spouse’s property, leaving much less for the kids.

Clarify financial rights. Couples with or without children, wealthy or not, may simply want to clarify their financial rights and responsibilities during marriage.

Avoid arguments in case of divorce. Or they may want to avoid potential arguments if they ever divorce, by specifying in advance how their property will be divided, and whether or not either spouse will receive alimony. (A few states won’t allow a spouse to give up the right to alimony, however, and, in most others, a waiver of alimony will be scrutinized heavily and won’t be enforced if the spouse who is giving up alimony didn’t have a lawyer.)

Get protection from debts. Prenups can also be used to protect spouses from each other’s debts, and they may address a multitude of other issues as well. (For more details, see Nolo’s article Prenuptial Agreements — What the Law Allows.)

If You Don’t Make a Prenup

If you don’t make a prenuptial agreement, your state’s laws determine who owns the property that you acquire during your marriage, as well as what happens to that property at divorce or death. (Property acquired during your marriage is known as either marital or community property, depending on your state.) State law may even have a say in what happens to some of the property you owned before you were married.

Under the law, marriage is considered to be a contract between the marrying couple, and with that contract comes certain automatic property rights for each spouse. For example, in the absence of a prenup stating otherwise, a spouse usually has the right to:

• share ownership of property acquired during marriage, with the expectation that the property will be divided between the spouses in the event of a divorce or at death
• incur debts during marriage that the other spouse may have to pay for, and
• share in the management and control of any marital or community property, sometimes including the right to sell it or give it away.

If these laws — called marital property, divorce, and probate laws — aren’t to your liking, it’s time to think about a prenup, which in most cases lets you decide for yourselves how your property should be handled. (For more, see Nolo’s article Is a Prenuptial Agreement Right For You?)

Making a Valid Prenup

As prenuptial agreements become more common, the law is becoming friendlier toward them. Traditionally, courts scrutinized prenups with a suspicious eye, because they almost always involved a waiver of legal and financial benefits by a less wealthy spouse and they were thought to encourage breakups.

As divorce and remarriage have become more prevalent, and with more equality between the sexes, courts and legislatures are increasingly willing to uphold premarital agreements. Today, every state permits them, although a prenup that is judged unfair or otherwise fails to meet state requirements will still be set aside.

However, because courts still look carefully at prenups, it is important that you negotiate and write up your agreement in a way that is clear, understandable, and legally sound. If you draft your own agreement, which we recommend, you’ll want to have separate lawyers review it and at least briefly advise you about it — otherwise a court is much more likely to question its validity.

Source: https://www.nolo.com/legal-encyclopedia/prenuptial-agreements-overview-29569.html

A prenuptial agreement (“prenup” for short) is a written contract created by two people before they are married. Read on to learn more.

Here are some reasons that some people want a prenup.

• A marrying couple with children from prior marriages may use a prenup to spell out what will happen to their property when they die, so that they can pass on separate property to their children and still provide for each other, if necessary.
• Clarify financial rights. Couples with or without children, wealthy or not, may simply want to clarify their financial rights and responsibilities during marriage.
• Avoid arguments in case of divorce
• Get protection from debts. Prenups can also be used to protect spouses from each other’s debts, and they may address a multitude of other issues as well.

If You Don’t Make a Prenup

If you don’t make a prenuptial agreement, your state’s laws determine who owns the property that you acquire during your marriage, as well as what happens to that property at divorce or death. State law may even have a say in what happens to some of the property you owned before you were married.

Making a Valid Prenup

As prenuptial agreements become more common, the law is becoming friendlier toward them. 

As divorce and remarriage have become more prevalent, and with more equality between the sexes, courts and legislatures are increasingly willing to uphold premarital agreements.

However, because courts still look carefully at prenups, it is important that you negotiate and write up your agreement in a way that is clear, understandable, and legally sound.

Source: https://www.nolo.com/legal-encyclopedia/prenuptial-agreements-overview-29569.html