Reasons for Hiring a Prenuptial 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.

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/