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Prenuptial Agreement<br>Related Legal Information  

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Marriage or No Marriage - Planning is Paramount.


When anticipating Marriage, the happy couple can avoid future problems by having the foresight to do some pre-planning. This may or may not include a Prenuptial contract. Prenuptial contracts go hand in hand with Estate Planning as both contemplate management and protection of assets. The best time to plan is when people are feeling good about their relationship. Then they can relax and know the best thing that can happen is that the Prenuptial contract will never be necessary, at least in the context of divorce.
 
In second Marriage situations, the Prenuptial contract can be provided for in a person’s trust or will. This will protect his or her assets, including the family home, from being spirited away by a stranger or his or her family entering the picture, and the contract will assure that your precious assets will stay "all in the family," so your own children or other loved ones will benefit from your thoughtful planning, not unintended "heirs." Many times people bring their own assets to this second, third, or more, Marriage situation, and want to assure their own children from former Marriages, whether ended by death or divorce, will be the rightful recipients of their own separate Property. This can be accomplished while still providing for the comfort of the new spouse.
 
UnMarried Couples residing together should consider "Living Together contracts," setting forth how expenses will be shared and what happens if the relationship should come to an unfortunate end. This is extremely important and often does involve the home. A sense of control and organization can be had thus enhancing a good relationship; while much additional heartache can be avoided at an already difficult time should the relationship sour. In these contracts death needs also to be contemplated, along with provisions for taking care of the partner left behind and assurances the partner will not lose his or her home and be forced out "on the street."
 
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