Prenuptial Agreement - Prenuptial Agreements - Prenuptial Forms - Prenuptial Contract - Legal Forms - Prenup
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If You is Considering a Prenuptial Agreement.
(1) Engage in candid discussions with your partner prior to hiring an attorney. Don't simply spring the idea on your loved one. The process of negotiating and drafting a Prenuptial agreement proceeds more smoothly if the couple has had forthright discussions about the financial implications of their Marriage and the general concept of a Prenuptial agreement. Try to avoid, however, negotiating specific terms with your fiancée prior to seeking Legal counsel, so that you are not locked into a promise, which, upon guidance of counsel, may not be advisable.
(2) Enter into the process well in advance of your Wedding date. This avoids the "ink on the Wedding dress" problem in terms of one party later claiming duress due to the pressure created by the time constraint.
(3) Hire separate counsel. Each party should have his or her own attorney who can explain spousal Property rights upon divorce and death and any waivers of those rights which are made in the agreement. Both spouses should have a full understanding of their rights upon divorce as well as upon the death of the other spouse, so that any waiver of those rights is made by informed decision. Seek out an attorney who has experience in the area of Prenuptial agreements.
(4) Prepare detailed financial disclosure statements. This should include a statement of all assets and liabilities. I also recommend having each spouse disclose their annual gross income, interests in family trusts, and potential inheritances. This helps defend against a challenge by either party that he/she did not understand the value or extent of the financial rights, which were waived.
(5) Keep in mind that the process of negotiating and signing a Prenuptial agreement can often lead to tension, even for mature level-headed couples. The most difficult aspect of a Prenuptial agreement is that it is essentially a business transaction negotiated between two parties who are in love. In addition, in order to protect their respective clients, the Lawyers involved must negotiate and draft the agreement as if a divorce will occur. Inevitably, the process of drafting a Prenuptial agreement brings up emotional issues for one or both parties. If you decide that you want to have a Prenuptial agreement, you, your fiancée, and your attorney should all be attuned to the potential emotional issues, which may surface.
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