Marriage contracts often come into play when there is a difference in assets between the two parties. “A person who marries in money can have a significantly improved lifestyle that can create rights to spousal support and division of property on the street without a prenuptial agreement,” Lindsey says. “Some believe that a prenuptial agreement ensures that the parties do not marry for money.” Even if your relationship is stable now, you should consider signing a prenuptial agreement. Each couple will have different reasons why they want to sign a prenup. People who should consider a prenup include those who have assets before marriage, single parents, business owners, grandparents, and business people. If one or both are in debt, they may want to sign a prenup to protect the other in the event of premature death. If the agreement is signed shortly before the wedding, it follows that a disadvantaged party may have felt pressured by the upcoming marriage. If your wedding date is too close, you may want to wait until after the wedding to sign it (making it a post-marital contract), so it`s clear that neither party felt constrained by the time of the marriage. Then there are specific problems that can be very useful through treatment in a marriage contract. If at least one person already has children from another relationship, it may be important to clarify inheritance tax in a way that a will might not adequately cover (as a will can always be amended later). If a person has business interests that could be severely affected by death or divorce, such as .B. in partnership with their siblings, some steps may need to be taken to maintain this commercial interest. Therefore, do not hire anyone who has no experience in preparing this type of agreements, and please, please do not do it yourself with a form on the Internet (yes, I have seen them too).
I know it`s not fun to add a “prenuptial deal” to your wedding budget if you`d rather use that money for flowers or a Belgian waffle bar. However, hiring an experienced divorce lawyer to write a prenup is money well spent. This can save you thousands if the wedding doesn`t work. You may also want to make arrangements in advance about how you would conduct a divorce, for example. B to use consent, mediation, or collaborative divorce methods to keep the divorce friendlier. One of our prenuptial agreement lawyers in Seattle can discuss these options with you in more detail. The final draft of the prenup must be submitted to the party whose lawyer did not draft the agreement at least seven days before the signing of the prenup. “Once a project was approved by everyone, they and their respective lawyers executed the deal,” Schneider says. It must be proved that the parties had the legal capacity to conclude a contract and that it was not concluded by fraud, coercion or undue influence. The right to privacy is recognized in marriage contracts. “The parties may agree that no other natural or legal person will disclose, intentionally publish, or provide information or materials without the prior written consent of the other party,” Roxas explains.
There are often confidentiality clauses in prenuptial agreements to avoid exposure to social media and revealing books, for example. “Parties can also enter into contracts to negotiate any dispute through arbitration and thus keep them out of public view,” Lindsey says. “I advise the person addressing the issue to clarify that it is only discussed and created as a precautionary measure and that they firmly hope that the problem will never arise and that the marriage will last forever. It is important that both parties feel valued and heard, even if the emotions aroused are hurt,” Kimeldorf notes. « The person who initiates a prenup must negotiate with as much love as possible, with the well-being of the other at the center. » When the conversation takes place, be prepared to listen and try to understand your partner`s point of view without interrupting them. “Ask clearly for what you want, but be open to new ideas and compromises,” Kimeldorf said. A well-written prenup lists all the assets and liabilities that each party has at the time of marriage. The agreement then determines how they allocate the assets or debts that were held before or during the marriage.
Usually, everything you own before marriage is excluded from division. This means you don`t have to share it with your spouse if you get divorced. As a rule, when preparing a marriage contract, each party hires a lawyer to help them. Usually, one party`s lawyer drafts the agreement and then forwards it to the other lawyer for review. The two lawyers take turns advising their clients and sending revised drafts based on these discussions and what they consider to be in their client`s best interest. Unfortunately, this can create a confrontational atmosphere at a time in the couple`s life when they are MOSTly NOT trying to be hostile, they just want to get married! Contrary to popular belief (or misunderstanding), marriage contracts are not just for the rich. A common excuse I hear from engaged couples is that they “have nothing” worth the cost of hiring a lawyer to prepare a prenup. I disagree! You and your intention don`t need to have anything of value to agree on how you would distribute your future possessions if your marriage didn`t work. Since your marriage contract attorney in Seattle can accompany you, you should be careful not to sign this type of contract, as it changes what can happen on the street at a time when the circumstances that will exist on the street may not be known. The signing of this type of agreement may waive rights that may later prove important. Very often, one or the other party is actually disadvantaged by this type of agreement. The Golden State Uniform Premarital Agreement Act (UPAA) imposes the requirements for prenups in California.
The UPAA stipulates that a prenuptial agreement is a contract that two future spouses sign before entering into marriage. It takes effect only on the day of the wedding. Other requirements include a written contract, legal provisions in the prenup and voluntary signatures of both parties. Each party must also have received complete information about the other party`s real estate, debt and income. “Most states believe there are concerns about child custody and support, and courts are not required to apply a provision in a prenuptial agreement that seeks to cover these issues,” Lindsey says. .