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What Happens if You Don’t Sign a Prenup?

What Happens if You Don’t Sign a Prenup?

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.

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 480-744-7711 or [email protected]gaz.com. 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.

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How to Get a Prenup Thrown Out

How to Get a Prenup Thrown Out

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

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 480-744-7711 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.

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How Long Does A Prenup Last?

How Long Does a Prenup Last?

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.”

 

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 480-744-7711 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.

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Purpose of a Prenup

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

Purpose of a Prenup

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

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 480-744-7711 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.

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What Does a Prenup Do?

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

Hire A Pre Nup Lawyer

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

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 480-744-7711 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.

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Hire a Prenup Lawyer

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.

Hire A Pre Nup Lawyer

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/

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 480-744-7711 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.

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How do I get a prenup?

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

How do I get a prenup?

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/

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 480-744-7711 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.

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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. 480-744-7711 or [email protected]

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How Prenuptial Agreements Work

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Are you about to get married? Maybe you had a simple wedding in mind that has now grown into a huge wedding as if it had a life of its own! However, the financial side of a marriage often needs even more careful planning as it can become complicated.

Growing commitment and love are hallmarks of the period of time before a wedding. Most engaged couples think their marriage will last forever and do not want to consider the fact it may end in unhappiness. Yet with around 40 percent of marriages ending in divorce, it raises issues like:

  • How do you want your debts, property, and assets handled in the event of a death or a divorce?
  • Should one of the spouses receive alimony from the other?

In light of this and other issues, some couples are now considering a prenuptial agreement as the best way to prepare for any eventuality that may beset the marriage after the romance fades.

A prenuptial agreement is a private contract that two parties enter into to settle matters of finance in advance, should one spouse die or divorce. It is also known as a premarital agreement, a marriage contract, a prenup or an antenuptial agreement. It is not romantic but many experts in the financial field say it is a very smart idea. It takes your financial matters out of the hands of the state. However, you should have a serious and frank discussion with your romantic partner before you enter into such an agreement. Read on to discover the points you will need to address.

Is a Prenup Needed?

Some think only wealthy people require a prenuptial arrangement. In reality, a prenup should be considered by anyone who has liabilities, properties or personal assets. A prenup not only clarifies the financial responsibilities and rights for each party involved in the marriage but also addresses the distribution of property in an instance of death or divorce. They can also protect spouses from the debts each of them has previously accrued. They can address how property rights will be shared out with children from a previous marriage as well as determine if one partner can receive alimony. However, a prenup cannot cover any activities or actions that are illegal or that contradicts public policy. For example, child custody rights for a child yet to be born cannot be part of the contract. Usually, it is advised the prenup should only cover financial matters not issues like child-care responsibilities and household responsibilities.

It is normal for a time element to be part of a prenuptial contract. Most start on the wedding day and last for an indefinite amount of time. However, some are written to take effect once a certain number of years have passed. Others may state they end once the couple has been married for a certain length of time. This is another reason a prenuptial contract should be fully discussed with your partner well before the date of the wedding, so both parties can understand it fully and mutually craft a fair agreement.

If you are thinking about a prenup, you are going to have to be very honest regarding the state of your finances. An agreement can be invalid if one party hides something from the other party. Below is a checklist of important subjects to cover.

  • Draw up a list of all property, liabilities, and assets and their approximate market values.
  • The identification of important issues.
  • Stating your goals.
  • Honesty in prenup discussions.

You are ready to make preparations for the prenup once you have discussed the above subjects. To some degree, the preparation of a prenup is similar to the writing of your own wedding vows.

Prenuptial Agreements Costs and Legalities

Some people want to write their own prenuptial contract. Certainly, it is the least expensive method but if you do not know what you are doing it may lead to financial ruin down the road. It is often recommended that each party gets a separate attorney to handle the contract drafting. The attorneys you hire should practice family or matrimonial law. They will have knowledge of prenuptial contracts as well as knowing the laws of the state you will reside in once you are married. The attorneys work together to write the document with the best interests of each client in their mind. This can assure a prenup that is fair to both parties and helps it to be enforceable and valid in a court, should the prenup have to be invoked in a subsequent divorce.

Throughout the United States, prenuptial contracts are considered legally binding. Andif you reside in a community property state, assets that are obtained during the duration of the marriage are considered to be owned jointly. When a marriage ends, they are required to be distributed equally.

A prenuptial contract must meet the following requirements for it to be considered as enforceable and valid:

  • Not opposing public policy or be illegal.
  • Contains full financial disclosure and details.
  • Be in writing and signed.
  • Undertaken voluntarily by both parties.
  • The agreement is notarized.
  • The prenup is fair to both parties.
  • The prenup is completed before the marriage ceremony.

A judge retains the power to invalidate the agreement is it fails to meet one or more of these criteria.

Source: Franson, Margaret. “How Prenuptial Agreements Work.” HowStuffWorks, HowStuffWorks, 21 July 2008, money.howstuffworks.com/personal-finance/financial-planning/prenuptial-agreements.htm.

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. 480-744-7711 or [email protected]

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What You Need to Know About Prenups and Postnups

When it comes to dealing with marital finances, people generally think about two types of spousal contracts: a prenuptial agreement entered into before a marriage and a postnuptial agreement entered into after a marriage.

Sure, most readers have at least heard of a prenuptial (also known as a “prenup” or an antenuptial agreement). Prenups are used to clarify how certain assets and liabilities will be distributed if the marriage were to end in a divorce or a death. While this may seem less-than-romantic, it is actually an important step in marriage for many persons.

A prenuptial agreement can also determine what support from a spouse will look like after a divorce. A prenup is generally used to protect and preserve assets that one person brings into a marriage, however, it can also be used to protect a spouse against the debt of the other. Lastly, prenups can be used to protect the inheritance of children from a previous marriage so that the biological wealth is assured to pass to the biological children from prior marriages.

As you consider filling out a prenuptial agreement, divorce attorneys in Scottsdale recommend that you follow a few important steps. For one, you want to make sure that both parties honestly and completely disclose all assets and liabilities. This disclosure should be overinclusive in the document. In addition, each party should have ample time to read and review the document (with an attorney for each partner) before signing. A prenuptial agreement should be signed by both parties without any fraud or coercion.  Do not under any circumstances sign a prenuptial agreement on the eve of your wedding.  Plan far in advance to give both sides several months to complete the process.

Having said all of this, one significant question remains: what if you didn’t sign a prenup before marriage?

Perhaps your marriage is on the rocks or maybe you just want to protect certain assets that are not secured in writing.  Enter the postnuptial agreement.

These are many reasons why couples decide to form a postnuptial agreement, which is a legal document designed for couples who are already married or in a civil union who wish to contractually change their futures.

Similar to a prenuptial agreement, a postnuptial agreement establishes by contract how a couple’s assets will be divided in the unfortunate event of a divorce, legal separation or death. Furthermore, it establishes any amount of spousal support that one party will pay to the other if the marriage were to end.

If you’re already engaged or on the verge of marriage, consider signing a prenuptial agreement before exchanging vows if you have significant assets or liabilities.   Even if you are currently married without a prenup, it’s never too late. You can sign a postnuptial agreement that will set a lot of things in stone. Trust us when we tell you that you won’t regret it.

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