Now that you have found someone to represent you, also ask your future spouse. “It`s really important that both parties have their own lawyers to advise them specifically on the terms and provisions of the agreement,” said Raymond Hekmat, a Beverly Hills lawyer who specializes in prenupes. And not just any lawyer, but someone who understands family law. “Some people go to business lawyers or estate planning lawyers, and many of these prenuchers lack the nuances of family law that are important to include them in a valid marriage agreement,” he adds. Marriage contracts are only part of ensuring that your succession plan is implemented as you see fit. Remember that you also need to create and save other documents such as wills and living positions of trust. There are revolting provisions that a family judge will simply not tolerate. For example, a judge would not allow a prenup rule requiring a certain amount of sexual contact, or give all budget commitments (such as cooking or housekeeping) to a single spouse. Also, you shouldn`t make overly optimistic promises that you might not be able to keep.
The courts may consider this to be a fraud used to get your partner to sign the contract. Without Prenup, creditors can sue marital property while only one spouse is the debtor. To avoid this, limit your debt liability in a marital agreement. Keep in mind that your state has laws that govern who gets what in case of divorce. With a prenup, you can bypass many of these laws by refusing to know who gets what. While some states prohibit it, other states even allow you to decide whether you have the right to be dependent or not. Check your state`s law or with a family law lawyer to clarify this issue when drafting the marriage agreement. A lack of “full and fair disclosure” will invalidate a prenup.
For example, if you are on the fence on the whole agreement and you decide not to let your partner know that you have an apartment in Mexico, your apartment will not be protected if you divorce. If your partner can prove that you lied or omitted certain Prenup financial assets, they will be set aside. The same goes for debts. People rarely admit to having financial problems, but if you don`t, it`s considered fraudulent. Apparently it`s good and bad. If you don`t, it will leave you unprotected. Are you concerned that a marital agreement will pit you and your future spouse against each other, or is an omen for divorce? It`s the opposite. In fact, 86% of mental health experts surveyed by the relationship site YourTango that prenupes have “no predictable effect” on marriage. The judges examine in detail the marital agreements to look for anything that tends to give a financial incentive to divorce.