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.
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.
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.
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*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.