In some circles, prenuptial agreements have earned a reputation as planning for a marriage to fail before it has even begun. Nothing could be further from the truth. Prenuptial agreements can provide an engaged couple with peace of mind that financial issues will not come between them in the future.
If you are engaged to be married, it might make sense for you to speak with a Maplewood prenuptial agreement lawyer. Let a skilled attorney at the Williams Law Group, LLC advise you on your options before you enter into any legally binding contracts.
Under state law, a prenuptial agreement is only valid if it meets certain requirements. Because a prenup is a legally binding contract, the agreement must be in writing and signed by each spouse.
In addition to the agreement itself, there must be a statement of assets attached to the prenup. This statement ensures both parties have a clear understanding of the other person’s financial position. A contract cannot be binding if each party does not have access to all of the relevant information. It is possible to have the courts rule a prenuptial agreement invalid if a party did not fully disclose this information.
The parties may revoke a prenuptial agreement at any point after its execution. To either amend or revoke a prenuptial agreement, both parties must do so in writing and sign the document of their own volition.
Both parties to a prenuptial agreement are entitled to consult with legal counsel. Any party that chooses not to must waive their right to legal counsel in writing. However, entering into a prenuptial agreement without the guidance of a seasoned Maplewood attorney is ill-advised and could have long-lasting consequences.
There are multiple ways a prenuptial agreement could eliminate uncertainty in a marriage or simplify the divorce process should a marriage break down. A prenuptial agreement could determine whether spousal support is necessary and, if so, how much is required each month. A local prenuptial agreement lawyer could also help establish what is done with real estate owned by the parties and how their marital property should be divided upon divorce.
A prenuptial agreement cannot resolve every aspect of a divorce. Specifically, an engaged couple does not have the legal right to determine issues regarding child custody or support on their own. Only a judge has the power to make these determinations, although they will typically take the parents’ wishes into account. If both parents are in agreement regarding issues of child custody and visitation, the court will likely approve. Ultimately, a judge must decide issues of child custody or support based on the child’s best interests.
For many engaged couples, a prenuptial agreement could be crucial in avoiding future disputes and gaining peace of mind in the marriage. However, these documents can have a significant impact on your finances, so it is important to consult legal counsel before signing anything.