prenaptual agreements what kind of lawyer does

Why do you need a prenuptial agreement lawyer?

The latter reason rests in the fact that a prenuptial agreement is a contract that must be interpreted and enforced if necessary. Therefore, the best prenuptial agreement lawyers are skilled in both family and contract law. The first and foremost question that arises is – How to find a prenup lawyer?

What is a premarital or prenuptial agreement?

A premarital or prenuptial agreement is a legally binding contract that provides specific instructions during divorce proceedings at any time in the future. Prenuptial agreements are a special type of contract that two people enter into before getting married.

What makes a prenup a fair and valid agreement?

The essential component of a fair and valid prenup is full disclosure—both parties should complete a financial disclosure statement, identifying all of their assets and debts. When couples divorce, one of the first tasks is to identify and allocate separate and marital property.

Can a court uphold a prenuptial agreement that deals with child support?

A court would never uphold a provision of a prenuptial agreement that dealt with child support, child custody, or visitation, because these are issues of public policy.

Who writes prenups?

A prenuptial agreement ("prenup" for short) is a written contract created by two people before they are married. A prenup typically lists all of the property each person owns (as well as any debts) and specifies what each person's property rights will be after the marriage.

What makes prenuptial agreements legally binding?

The Agreement was Coerced or Signed Without Mental Capacity For a prenuptial agreement to be considered legally valid, it must be signed by both parties voluntarily , and both parties must be of a mental ability to understand the consequences of what they are signing.

How do you deal with a prenuptial agreement?

8 Tips to Help You Discuss a Prenuptial Agreement With Your PartnerStart the discussion early. ... Be honest with your future spouse. ... Don't make demands. ... Avoid value judgements. ... Be clear about your desires. ... Listen. ... Be prepared to adapt. ... Don't give up.

What do I need to know before signing a prenup?

Before signing a prenuptial agreement, both parties are obligated to disclose their finances. This includes all investments, real estate, property, and financial liabilities. Some states also consider future inheritances and require them to be included as part of the agreement.

What makes a prenuptial agreement invalid?

“Unconscionable terms” Prenuptial agreements can be invalidated if the terms are so unfair and one-sided that the court would question why the spouse would agree to the agreement in the first place.

What makes a prenup null and void?

The signing party must have full knowledge of the other spouse's property, assets and debts. If it is alleged that the party hid assets from the signing spouse at the time that the prenuptial agreement was created, or that the contract contains falsified financial information, this will void the agreement.

Is a prenup void if you cheat?

Spousal abuse or cheating does not void or invalidate a prenuptial or partition agreement unless the agreement specifically states that. Most prenuptial or partition agreements do not mention abuse or cheating.

Do couples with prenups more likely to divorce?

If a party enters a prenuptial agreement grudgingly and assumes that the agreement means his or her spouse is less committed to the marriage, that individual will probably be more likely to consider divorce when conflicts arise in the marriage.

How strong is a prenuptial agreement?

A prenup can also define the amount of debt each person may owe before getting married and make each person responsible for those amounts. In the unfortunate case of a divorce, a prenup can be extremely useful because it is an agreement on many of the key issues that would need to be determined within a divorce.

How long does it take to do a prenup?

3-6 monthsHow long does it take to get a prenup? If you plan to hire an attorney to negotiate and draft your prenup, you can expect the process of drafting, negotiating, and signing to take 3-6 months.

What should the wife ask for in a prenup?

You may not know what to include in a prenuptial agreement, so here are ten things you should ask for to get you started:Separate & Marital Property. ... Intellectual Property. ... Pet Custody. ... Gifts & Heirlooms. ... Spousal Support. ... Debt Protection. ... Financial Responsibilities. ... Estate Plan Protection.More items...•

What does a fair prenup look like?

A fair prenup should respectfully safeguard and shield the assets of both parties. To achieve this, there must be a full and complete disclosure of all assets, debts, and liabilities when the contract is drafted. This includes all investments, real estate, and financial obligations.

Why You Need Help from Lawyers

There are good reasons why seeking legal advice when making a prenup is advantageous. In fact, each party to the prenup should get help from a diff...

Decide What You Want Before Seeing A Lawyer

That said, it's best not to ask your lawyers to start writing up a draft or final agreement until the two of you have settled on its essential term...

If You Want to Draft Your Own Agreement

You can use Nolo's book, Prenuptial Agreements: How to Write a Fair & Lasting Contract, by Katherine E. Stoner and Shae Irving, to draft your own p...

Elise Victoria Bouchard

Most family law attorneys handle pre-nuptial agreements. Financial disclosure is required between the parties. Your attorney may only advise you, so it is best if your future spouse retains separate counsel to review the agreement.

Betty Elaine Jones

You need a family law attorney. Use this website to find one. Most AVVO attorneys offer a free initial consultation. Call one of us today. Good luck. Sincerely, B. Elaine Jones, Esq.

Michael Charles McGinn

I agree with my colleague. You should consult with and retain an experienced family law attorney in Tampa area.

Michael Patrick Loberg

Family law lawyers do prenuptial agreements. Make sure both parties are represented by separate attorneys and make sure the prenuptial agreement is signed well before the actual marriage. Your best bet is to consult with a lawyer in your area (most give free initial consultation) who can get all the facts and give you advice.

Leslie S Brady-Alten

Any family lawyer can do a prenuptial agreement. I do advise you to use a lawyer, though, and I always encourage the other side to be represented.

What Is a Prenuptial Agreement?

A prenuptial agreement is a contract couples enter into before they get married. The document details how they will divide their assets, how children from previous marriages will be provided for, and provide spousal support if their marriage ends in divorce.

Who Should Get a Prenuptial Agreement?

There can be multiple reasons to get a prenup. While the wealthy commonly use the agreement to protect their assets, people with a modest background find creating a prenup can be helpful in their marriages. Some examples of why a person might want a prenuptial agreement are below:

What Is Included in a Prenuptial Agreement?

A prenuptial agreement may cover multiple aspects of property and responsibilities in your family:

What Are the Benefits of Having a Prenuptial Agreement?

While discussing a prenuptial agreement with your partner is often thought to be a tough conversation, it can positively affect your future marriage once both parties understand the agreement can benefit them individually.

How Long Does It Take To Get a Prenup?

Drafting a prenup takes as much or as little time as the parties wish. There is no specific requirement, but parties must consider that to be valid, a prenup must meet certain guidelines:

What is a prenuptial agreement?

While no one wants to think about divorce before they even get married, prenuptial agreements (or premarital agreements) are intended to set certain terms in place in case the marriage ends. For instance, an individual with an established family business may seek to protect those assets from the other party in the event of a divorce.

What are the things that most states don't allow in prenuptial agreements?

Below is a list of things most states will not allow in prenuptial agreements: Provisions Detailing Anything Illegal. Every state prohibits you from including anything illegal in your prenuptial agreement. In fact, doing so can put the whole prenuptial document or parts of it at risk of being set aside.

What are the reasons for a prenup?

Below is a list of items commonly included in prenuptial agreements: Separate businesses. Retirement benefits. Income, deductions, and claims for filing your tax returns. Management of household bills and expenses. Management of joint bank accounts, if any.

What is the power of the court to decide what is in the child's best interest?

The court retains the power to decide what is in the child's best interest and will not deny a child the right to financial support or the opportunity to have a relationship with a fit parent. Waivers of Rights to Alimony. This is the most commonly struck down provision by courts. A few states strictly prohibit this.

Can you get alimony with a prenup?

While some states prohibit it, other states even allow you to decide whether you will be entitled to alimony or not.

Does a prenup include child support?

A prenup cannot include child support or child custody issues. The court has the final say in calculating child support. The court determines child support based on a "best interest of the child" standard, with several factors at play.

Can you keep a family heirloom in your prenup?

If you have a family heirloom, family business, even a future inheritance, or other piece of property that you want to keep in your birth family, you can specify this in your prenup. Prenuptial agreements are only a part of ensuring that your estate plan is carried out how you see fit.

Why do people have prenuptial agreements?

Prenuptial agreements are becoming more and more popular with couples as a way to help protect their financial situation, and to prevent an ugly divorce. Prenuptial agreements are a special type of contract that two people enter into before getting married. That means to be valid, they have to follow certain rules.

What happens if a court believes the agreement is entered into in a way that one of the parties was forced

If the court believes that the agreement was entered into in a way that one of the parties was forced or compelled to sign the agreement, or if the court believes the agreement “punishes” one side too severely, it will refuse to enforce the agreement.

What happens if one side benefited from an attorney and the other side was taken advantage of?

If a court gets the sense that one side benefited from an attorney and the other side was somehow taken advantage of, or didn’t also have legal representation, the court may find that it would be “inequitable” or unfair to enforce the prenuptial agreement.

What happens if a court believes any of these issues are present?

If a court believes any of these issues are present it may ignore the agreement completely, or it may just refuse to enforce certain clauses.

Can a court refuse to honor a child custody agreement?

A court will also refuse to honor any claus es that deal with child custody or child support as a general rule. The court will find this is against public policy and will decide these issues independently of the agreement.