Do You Need A Pre-Marital Agreement Before Tying The Knot? Find Out

Many marriages are successful, and the couples live together through their old age. Unfortunately, some partners experience irreconcilable differences in their relationships, which force them to separate. When this happens, couples might disagree on how to divide their property. This leads to lengthy court battles as each partner tries to keep a bigger percentage of the assets or a more favorable property. You can avoid such issues by preparing a pre-marital agreement before tying the knot. This makes it easier to divide assets if you dissolve your marriage. Read on to know more about this document and how a family law attorney can help you to prepare one.

How to Prepare a Pre-Marital Agreement

The law requires each spouse to participate in the preparation of the pre-marital agreement. The document might not hold up in court if this does not happen. For this reason, you need to agree with your partner that they will assist you in preparing a prenuptial agreement. You can then create a draft yourselves before consulting a legal advisor. They will consult with you on the agreement's content to ensure that you understand the rights you may surrender when you sign the document.

Your legal advisor will also review the document to determine its validity. They will particularly want to know whether the agreement is fair and clear. In addition, they will ensure that you and your partner have been forthcoming about disclosing your assets. Your legal practitioner will also question both of you to make sure that you have agreed on the details without coercion. These are some points that the court evaluates when deciding whether your prenuptial agreement is legal. Therefore, your lawyer will want to ensure that everything is in order. If there are any errors or ambiguities, your family law attorney will make the necessary corrections before you and your partner wed.

Importance of Having a Pre-Marital Agreement

There are several reasons why you should consider establishing a prenuptial agreement before getting married. The most important one is that it will cover the property you own and the debts you owe individually. This means that the document can shield you from liability if you part ways with your spouse at a time when they have huge debts. You can also utilize a prenuptial agreement to ensure that children you have from a previous relationship get their rightful inheritance when you pass on. Even so, you will require additional legal documents to protect your wishes fully. In a case like this, your lawyer will help you prepare the pertinent documentation in accordance with your state laws.

As you can see, having a prenuptial agreement before tying the knot is essential. Therefore, if you're planning to wed, speak to your partner about the need to have one before marriage. Then, contact a family law attorney to assist you in preparing your pre-marital agreement.