If you want a prenup, you need to consult with a lawyer before you sign the agreement. Signing a prenuptial agreement could affect your life and assets many years in the future. Do not sign a form that your fiancé found on the internet or try to write your own agreement. There is too much at risk for your family. Take the time to find a lawyer who can prepare the agreement for you, the right way.
Many couples choose to sign prenuptial agreements. Prenuptial agreements, often called prenups, are legally binding contracts that couples enter into just before they marry. These agreements often state what will happen to the couple’s property should they divorce. They also can state how much one spouse will inherit if the other spouse dies during marriage. In addition, some prenups change or eliminate a spouse’s right to spousal support if the couple divorces. However, prenuptial contracts cannot limit the amount of child support that a couple’s child would receive after divorce.
Anyone at any income level can sign a prenuptial agreement. You may have heard the term “prenup” because many celebrities sign them before marriage. This is because celebrities often have assets in their own name that may increase in value due to the marriage, or they plan to gain assets during the marriage. These celebrities want to keep the assets as their personal and separate property if they divorce (not divide them with their spouse) or otherwise dictate how the assets will be distributed. Moreover, couples with a large income disparity often want prenuptial agreements. You can decide that you want the same, whether you are wealthy or have modest assets.
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Some people make the decision to sign a prenup without consulting a lawyer at all. This could be an unfortunate and costly choice. If your prenuptial contract does not include the right language or is ambiguous in how it explains your wishes, it might not be enforceable at all. Should your marriage end, your ex-spouse could refuse to follow the prenup’s terms and you could lose a lot of money to your ex.
Another risk of signing a prenuptial agreement without consulting a lawyer is that the words of the agreement may not match your verbal agreement with your spouse. You may feel pressured to sign a prenup, especially if you are the spouse with lower income. If you discuss the agreement verbally, you may not take the time to read the written agreement before you sign it. You could mistakenly agree to give up important rights, such as your right to spousal support. Due to the many risks of signing an agreement that a lawyer has not reviewed, find a knowledgeable divorce and family law lawyer near you to help prepare or review your prenuptial agreement.
A lawyer can prepare your prenuptial agreement for you. When you hire a lawyer, you can get your agreement customized to you and your future spouse’s wishes. You can ask your lawyer for advice about including various legal provisions in the agreement. Your lawyer will explain the potential future impact of the provisions and the pros and cons of including them.
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If your spouse’s lawyer already prepared a prenup, your lawyer can review the agreement and negotiate its terms if necessary. It is a good idea for each member of a couple to have their own lawyer so you can get unbiased advice about your own rights. When your partner’s lawyer prepares an agreement, you should make sure that it protects your interests by having your own lawyer read it over. Our firm can assist you with your prenuptial agreement needs, so give us a call today.
When you need a prenuptial agreement, you should call the team at New Direction Family Law. We will answer your questions, help you understand your legal rights, and prepare the necessary legal document. Our attorneys are knowledgeable, experienced, and compassionate professionals who proudly serve clients in Wake, Johnston, Durham, and surrounding North Carolina counties. Contact New Direction Family Law by calling (919) 646-6561 or visiting us at our website.
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Free Prenuptial Agreement: Make, Sign & Download
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Signs You May Need A Prenup Agreement
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Should I Sign A Prenuptial Agreement? |the Law Offices Of Jennifer Courtney & Associates, P.c. Blog
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Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.It’s a great question! Do you need a lawyer to create a valid prenup? The answer is it depends on your state laws (we’ll dig into this more below). The good news? The majority of states do not require legal representation for a prenup to be valid. But that does not mean an attorney is off the table, and in fact, attorneys can be super helpful throughout the prenup process. Keep reading to learn more about what role lawyers play in the prenup-making process.
Let’s cut to the chase–whether or not you need a lawyer for your prenup partially depends on your state’s law and what you want to achieve with your prenup. Some states do not require a lawyer to represent each party to create a valid prenup. Other states only require a lawyer under certain circumstances and when including certain clauses when creating the prenup. And some states only require that you have the mere opportunity to hire a lawyer. There are even states that, when a prenup is contested in a litigated divorce case, simply take whether each party had attorney representation as a factor in considering whether the prenup should be enforced. It really all depends on the state!
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So, let’s dive into an overview of the laws. Family law, which includes prenuptial agreements, is dictated by the state legislature. The state prenup laws are governed by statutes or case law, or both. Many state statutes surrounding prenuptial agreements are modeled after the Uniform Premarital Agreement Act (UPAA) . The purpose of the UPAA is to attempt to create consistency from state to state with what is required to create a valid prenup.
Each state’s legislature has decided whether or not to adopt the uniform act, such as the UPAA , and may even make modifications that will apply to their version of it. There are about 28 states (plus D.C.) that have adopted some version of the UPAA.
Case law also dictates the prenup laws of a state. Think of case law as a way to fill in the holes that exist when state statutes are applied. For example, there may be ambiguity in a state statute regarding prenups, but the case law will clear up the ambiguity by setting a precedent.
Divorce With Or Without A Prenup
So, what do the states say about whether or not you need a lawyer to get a prenup? There are still states that might require a lawyer for certain circumstances regarding the prenup, depending on what is being contracted to, or in other words, what rights are being contracted away from either spouse. For example, in California, you don’t need a lawyer for a valid prenup, but if
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