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.
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 lawyers, divorce 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 custody, legal guardianship, paternity, prenuptial 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.