Category Archives: Prenup

A prenuptial agreement, also known as a premarital agreement, or prenup, enables a couple to set the conditions of the property rights for the marriage, as an example. Read on to learn more.

Reasons for Having a Prenup

Under state law, the spouses will receive automatic property rights unless a legally binding agreement states differently. If one spouse passes away or the marriage ends divorce, state law determines the distribution of the property. If the parties want to divide the property in a different way, it is necessary to devise a prenup.

Here are some typical reasons why you might want to create a prenup:

• Providing for children from previous relationships 
• Keeping finances independent. Some types of property obtained throughout a marriage automatically becomes a portion of the community or marital estate.  
• Interpreting financial responsibilities throughout a marriage.  
• Determining property rights in case of a divorce. 

Why You Need to Hire a Lawyer When Creating a Prenup

One of the greatest reasons in hiring a prenup lawyer is to stay away from a court stating that the prenup is unenforceable. Courts are inclined to be more wary about enforcing a prenup signed by a party that wasn’t independently legally represented. Under these circumstances, particularly if the prenup appears to be unfair to the party lacking legal representation or if there are issues about intimidation or pressure, the court may nullify the prenup justly.

Additionally, each state usually has strict timelines for implementing a prenup that are needed to be followed for it to be considered valid. For instance, you might be required to have it implemented a specific number of days prior to the wedding or you might be required to provide a certain amount of time for each party to review it prior to signing it. 

Preparing a Prenup

Prior to speaking with a prenup lawyer, a couple needs to have a clear comprehension of what to include in their agreement. Creating a summary of the conditions is an effective way to create an impartial agreement. A knowledgeable lawyer has experience in the type of conditions forbidden from being included in a prenup. 

Courts won’t enforce conditions that relinquish future child support, place limitations on future custody or visitation rights, or use financial motivation to encourage divorce. Furthermore, conditions that involve non-monetary issues: A court won’t enforce a non-monetary condition and can even retain the whole prenup if it includes conditions like the division of housework or the number of children to have. Neither will a court enforce a non-monetary condition and can even retain the whole prenup if it includes conditions like the division of housework or the number of children to have.

Source: https://ogbornelaw.com/prenup-lawyer/

Many people believe that the legal marriage requirements are perplexing and burdensome. The truth is that once you know what your state requires, the steps are straightforward, providing you more time to focus on the more fun aspects of your wedding.. Read on to learn more.

Despite the fact that state marriage laws differ, all lawful weddings performed in one state must be recognized by all other states. This article provides answers to some of the most frequently asked questions about marriage legal requirements.

Most Commonly Asked Questions

What legal documents are needed for a marriage?

A marriage license must be obtained from your county clerk and a fee must be paid to the clerk. Your marriage license should be approved as long as you and your spouse complete the prerequisites. After that, you can begin your ceremony. Your marriage certificate must be filed with the appropriate recording agency in your county by the officiant. If they don’t, your marriage isn’t invalidated or nullified; it merely makes it more difficult to document.

Are blood tests a prerequisite for marriage?

Many states no longer require premarital physical exams or blood tests, although some still do. Blood testing for venereal diseases are still required, and a few additionally test for rubella, sickle-cell anemia, and tuberculosis. Although HIV/AIDS testing is not required, most states require that applicants for marriage licenses be offered such tests or information on test facilities.

Is it possible for me to marry anybody I want?

Age: To marry in most states, both parties must be at least 18 years old. With parental and/or court authorization, certain states allow minors over a particular age to marry. In order to prevent children from entering predatory marriages, these states frequently prohibit minors from marrying adults who are more than three or four years older.

People who are already married, even if they have a legal separation, cannot remarry until they are legally divorced.

Mental capability: To engage into a contract, both parties must have the mental capacity to do so. Because of mental illness, drugs or alcohol, or other conditions that impair judgment, either party lacks the mental capacity to consent to the marriage.

They can’t be blood relations because they’re unrelated. They can’t always be closer than third cousins. Many states allow first cousins to marry if they are over the age of 50 and can no longer procreate.

Gender: After the momentous Obergefell v. Hodges judgement by the United States Supreme Court in 2015, same-sex marriage became legal in all 50 states. Prior to that decision, same-sex marriage was primarily governed by state law.

What makes a marriage license different from a marriage certificate?

Before you may marry, you must first obtain a marriage license from the county clerk. A marriage certificate is a legal document that establishes your marital status.

Within days, most couples obtain a marriage license, perform their wedding ceremony, and have the officiant file the certificate with the appropriate county office. A certified copy of the marriage certificate will be given to the newlyweds.

The marriage certificate must be signed by the parties, the officiant, and one or two witnesses in most states. This is frequently done immediately following the wedding.

What is the location where I may get a marriage license?

In most cases, you can apply for a marriage license at any county clerk’s office in the state where you want to marry. Some states require you to file an application with the county clerk’s office in the county where you intend to marry. Most states charge a minimal cost, and it normally takes a few days to receive your marriage license.

Your marriage license will usually be valid for 30 days after it is issued. Don’t worry if this happens; you can apply for a new one. Most states, however, require a waiting time between the date of your marriage license issue and the day of your actual wedding. The purpose of the waiting time is to give both parties the opportunity to change their views. For good reason, such as one of the parties being deployed or only arriving in town the day before the wedding, the waiting period can be lifted. There are waiting periods in the following states:

Delaware, Illinois, and South Carolina have a one-day waiting time.

Maryland and New York have a two-day waiting period.

Alaska, Florida, Indiana, Iowa, Kansas, Louisiana, Maine, Massachusetts, Michigan, Mississippi, Missouri, New Hampshire, New Jersey, Oregon, Pennsylvania, Tennessee, and Washington have a three-day waiting time.

Minnesota, Ohio, and Wisconsin have a five-day waiting period.

What if I misplaced my marriage license?

The procedures for obtaining copies of marriage certificates vary by state. Visit the National Center for Health Statistics’ website to find out where you can write, call, fax, or email for the documentation you require in your state. There will almost certainly be a small cost, maybe between $5 and $10.

Is it possible for anyone to officiate a wedding?

No, the county must accredit the officiant. Civil unions, on the other hand, are performed by a judge, justice of the peace, or a court clerk and are not religious. A judge or a court clerk may occasionally grant someone temporary legal permission to perform weddings. Religious weddings are officiated by a priest or other member of the church. Usually, this is a priest, minister, or rabbi. Weddings can be performed by officials designated by Native American tribes, but most weddings are performed by the tribal chief.

Is there anything we need to do after the wedding?

In most states, there are no legal criteria for marriage following the ceremony. Only a few governments demand that the marriage be consummated with sexual contact, although this is not the norm. When the ceremony is over, most states consider the two to be married.

In some states, it is the officiant’s job to ensure that the marriage license is recorded in the county where you were married. Your marriage certificate will usually arrive in the mail a few weeks after your ceremony. You are still considered married even if the officiant fails to file the marriage certificate.

Need Assistance Meeting Marriage Requirements? Consult with a lawyer.

One of the most essential relationships you may enter is marriage. Along with the joy of marrying your partner, you should be informed of the legal rights and obligations that accompany walking down the aisle. If you have questions about marriage requirements, you should speak with a family law expert who can guide you through the process.

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

A prenuptial agreement, also known as a premarital agreement, or prenup, enables a couple to set the conditions of the property rights for the marriage, as an example. Read on to learn more.

Reasons for Having a Prenup

Under state law, the spouses will receive automatic property rights unless a legally binding agreement states differently. If one spouse passes away or the marriage ends divorce, state law determines the distribution of the property. If the parties want to divide the property in a different way, it is necessary to devise a prenup.

Here are some typical reasons why you might want to create a prenup:

• Providing for children from previous relationships 
• Keeping finances independent. Some types of property obtained throughout a marriage automatically becomes a portion of the community or marital estate.  
• Interpreting financial responsibilities throughout a marriage.  
• Determining property rights in case of a divorce. 

Why You Need to Hire a Lawyer When Creating a Prenup

One of the greatest reasons in hiring a prenup lawyer is to stay away from a court stating that the prenup is unenforceable. Courts are inclined to be more wary about enforcing a prenup signed by a party that wasn’t independently legally represented. Under these circumstances, particularly if the prenup appears to be unfair to the party lacking legal representation or if there are issues about intimidation or pressure, the court may nullify the prenup justly.

Additionally, each state usually has strict timelines for implementing a prenup that are needed to be followed for it to be considered valid. For instance, you might be required to have it implemented a specific number of days prior to the wedding or you might be required to provide a certain amount of time for each party to review it prior to signing it. 

Preparing a Prenup

Prior to speaking with a prenup lawyer, a couple needs to have a clear comprehension of what to include in their agreement. Creating a summary of the conditions is an effective way to create an impartial agreement. A knowledgeable lawyer has experience in the type of conditions forbidden from being included in a prenup. 

Courts won’t enforce conditions that relinquish future child support, place limitations on future custody or visitation rights, or use financial motivation to encourage divorce. Furthermore, conditions that involve non-monetary issues: A court won’t enforce a non-monetary condition and can even retain the whole prenup if it includes conditions like the division of housework or the number of children to have. Neither will a court enforce a non-monetary condition and can even retain the whole prenup if it includes conditions like the division of housework or the number of children to have.

Source: https://ogbornelaw.com/prenup-lawyer/

Prenuptial Agreements are an increasingly common component in the setup of a marriage. Read on to learn more.

A prenup conversation should make both parties feel more secure regarding their finances and upcoming life. Some marriages do end in divorce and a prenup can help the divorce process run more smoothly as well as offering protection for your assets. Consider the following:  

Hiring An Attorney

Both parties should hire attorneys. You can find lawyers specializing in prenuptial agreements online or through personal recommendations.

Discussion

Have an in-depth conversation with the other party regarding every aspect of your finances with full disclosure of financial information. If you do not it may invalid the prenup in court. 

Draft

Investigate state laws concerning prenuptial agreements and assemble a complete list of assets Do not overlook including debts in the agreement. Similarly state clearly property that will remain separate and property which will be shared. You will also need to use the prenup to define what debts will be paid individually or shared between both parties. The prenup will also need to include provisions for spousal support and what will become of the marital home in the case of a divorce. You will also have to agree on who is responsible for the payment of bills, whether you will have combined or separate bank accounts as well as how large purchases will be financed. 

Also keep in mind the prenup needs to be in writing, dated and signed by both parties, it may require witnesses depending on the state you are a resident of, it must be notarized and three copies must be made.

• A prenup must be it writing
• The prenup should be signed and dated by both parties
• Depending on your state you will need one or two others to witness the signing of the agreement
• You must get the document notarized
• Make three copies

Source: https://ogbornelaw.com/get-prenup/