what kind of lawyer do i need for a prenuptial agreement

What kind of lawyer can prepare a prenuptial agreement?

Do I need an attorney for a prenuptial agreement?

What to consider before asking for a prenuptial agreement?

Feb 06, 2014 · However, a prenuptial agreement is like an insurance policy. Drafting a Prenup. The prenuptial agreement lawyers of Petrelli Previtera believe that it is important to negotiate and execute a fair and legally binding prenuptial agreement with the person you love before other things get in the way. In order to do so, it is important that: 1.

Can I do a postnuptial agreement without a lawyer?

Sep 21, 2016 · 21 Sep 2016. As with any other type of contract, it is completely possible to create a prenuptial agreement—also known as a prenup—without the help of an attorney. This legal document, however, can at times be complex in nature, particularly if one or both parties maintain investment accounts, have business ventures, or own a significant ...

How much does it cost to write a prenup?

What do I need to know before signing a prenup?

How do you legally bind a prenup?

Can you write a prenup yourself?

Is prenuptial agreement a good idea?

Do prenups hold up in court?

What makes a prenuptial agreement invalid?

What does the Catholic Church say about prenuptial agreements?

Can a prenup protect future income?

How long before a wedding should a prenup be signed?

How much does a postnup cost?

What are the pros and cons of a prenuptial agreement?

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...

Is a prenuptial agreement fair?

A publication in the New York Law Journal discussed this requirement, noting that many statutes require the prenuptial agreement be “fair and reasonable at the time of the making of the agreement and … not unconscionable at the time of entry of final judgment.”

Can child custody be included in a prenup?

While things like child custody cannot be included in a prenup, other important things can. The most common details are those that relate to property, money, inheritance and other assets. However, other things such as who gets to keep the family pet can also be included and upheld.

What is a prenuptial agreement?

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. Also Read: Prenuptial Agreement Checklist.

Is a prenuptial agreement enforceable?

When all parties are satisfied, the agreement will be signed by you and your fiancé, therefore making it an enforceable agreement. Hiring a prenup lawyer or an attorney who is experienced in drafting and interpreting prenuptial agreements, will be best in assisting you with drafting a prenuptial agreement or representing you in a dispute arising ...

Who is Sylvia Smith?

Sylvia Smith loves to share insights on how couples can revitalize their love lives in and out of the bedroom. As a writer at Marriage.com, she is a big believer in living consciously and encourages couples to adopt this principle in their lives too.

Why do we need a prenup?

Get protection from debts. Prenups can also be used to protect spouses from each other's debts, and they may address a multitude of other issues as well. (For more details, see Nolo's article Prenuptial Agreements -- What the Law Allows .)

What happens if you don't make a prenup?

If you don't make a prenuptial agreement, your state's laws determine who owns the property that you acquire during your marriage, as well as what happens to that property at divorce or death. (Property acquired during your marriage is known as either marital or community property, depending on your state.)

What are the rights of a spouse?

Under the law, marriage is considered to be a contract between the marrying couple, and with that contract comes certain automatic property rights for each spouse. For example, in the absence of a prenup stating otherwise, a spouse usually has the right to: 1 share ownership of property acquired during marriage, with the expectation that the property will be divided between the spouses in the event of a divorce or at death 2 incur debts during marriage that the other spouse may have to pay for, and 3 share in the management and control of any marital or community property, sometimes including the right to sell it or give it away.

What is a post-nuptial agreement?

Sometimes the word "contract" is substituted for "agreement," as in "prenuptial contract.". An agreement made during marriage, rather than before, is known as a "postnuptial," "postmarital," or "marital" agreement.

What is a prenup?

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 is the meaning of "share ownership"?

share ownership of property acquired during marriage, with the expectation that the property will be divided between the spouses in the event of a divorce or at death. share in the management and control of any marital or community property, sometimes including the right to sell it or give it away.

What is a prenuptial agreement?

Essentially, the idea of a prenuptial agreement is that the parties choose how a divorce would work in the event it ever happens. The agreements can cover different issues and are generally tailored to the individual facts and circumstances of the situation.

Why are prenuptial agreements so popular?

Prenuptial or premarital agreements have become more popular in recent years for a variety of reasons. With a shrinking middle class, many people entering their first marriage expect to receive a significant inheritance or gifts from parents at some point during their lives. Additionally, it is not uncommon for people entering second marriages ...

Is a premarital agreement unenforceable?

The terms of a premarital agreement attempting to establish a custody arrangement or child support figure are unenforceable. Any such terms would be stricken from an agreement and not enforced–that is, if the entire agreement was not set aside as a result.

What is a prenuptial agreement in Massachusetts?

Essentially, the idea of a prenuptial agreement is that the parties choose how a divorce would work in the event it ever happens.

What language does the wife speak?

The wife was from Brazil and her primary language is Portuguese. The husband exclusively spoke English, and when they started their relationship, they needed an interpreter just to communicate. Leading up to their marriage, the husband told the wife that he would not marry her unless she signed a prenuptial agreement.

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.#N#Sincerely,#N#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, also called a premarital agreement, or a prenup for short, allows a couple to set the terms of the property rights for their marriage, among other things. However, there are often a number of requirements that must be met for a prenuptial agreement to be binding.

Can a prenup include child support?

Although every state has different laws, a prenup typically cannot include: Provisions that violate public policy: Courts will not enforce provisions that waive future child support, place limits on future custody or visitation rights, or use financial incentives to promote divorce.

What does a good lawyer do?

A good lawyer -- well, two lawyers, actually -- will ensure that a prenup fits everyone's needs and stands up to any legal challenges. The law considers marriage a contract between two people. So unless a married couple creates a legally binding agreement that states otherwise, the law in the state where they live will govern their property rights.

What is a prenup?

A prenup can define whether an asset is the separate property of one spouse or whether the asset is part of the marital estate. Providing for children from prior relationships. A prenup can ensure that the children from previous relationships inherit certain property from a deceased parent.

Can a prenup be invalidated?

In this situation, especially if the prenup seems unfair to the party without legal representation or if there are concerns about coercion or duress, a court may invalidate the prenup outright. In addition, states typically have strict timelines for executing a prenup that must be followed for it to be deemed valid.

What happens to property when one spouse dies?

Under state law, each spouse receives automatic property rights unless a legally enforceable agreement provides otherwise. For example, spouses share ownership of some property acquired during the marriage and both have the right to manage and control the property. If one spouse dies or the parties divorce, state law dictates the disposition of the property. If the parties wish to divide the property differently, it is necessary to create a prenup.