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While preparing for marriage may be a happy and exciting time in your life, it may also be time to consider the value of protecting your assets and finances in case things don’t work out. Your plans for the future may be better served with a prenuptial agreement, especially if you have children from a previous relationship to consider.

It is never a bad time to prepare for a potential future divorce with the help of a local family law attorney, as doing so can improve trust and transparency between you and your future spouse. A Crabapple prenuptial agreements lawyer can help you draft a pre-marital contract that adequately addresses all your concerns and protects your rights and interests.

Understanding Pre-Marital Agreements in Crabapple

Prenuptial agreements, also called antenuptial or pre-marital contracts, outline what will happen in the event of a divorce, but couples enter into prenups prior to getting married. Specific terms in an antenuptial agreement can include the financial assets of each spouse, their rights and responsibilities, and how assets obtained during the marriage will be divided. Since the consequences of divorce have long-term implications, it is advisable to let a local lawyer review any prenups before you sign to ensure the longevity of an agreement’s practicality.

Advantages of Prenups

There are many advantages to signing a prenuptial contract, such as:

  • Knowing how your and your fiancé’s assets will be divided upon divorce;
  • Ensure that your kids inherit your property;
  • Assigning responsibility of debts or other financial obligations;
  • Specifying how an estate plan should be carried out;
  • Protecting separate businesses, retirement benefits, or other assets; and
  • Tax benefits.

Limits to Antenuptial Contracts

State law restricts prenuptial agreements on certain matters and imposes strict requirements for the validity of an antenuptial contract. Prenups in Crabapple generally cannot contain any of the following provisions:

  • Child support or custody;
  • Alimony waivers;
  • Incentives for divorce, especially financial encouragement; or
  • How children will be raised post-divorce, responsibility for household tasks, etc.

An antenuptial agreement that contains such provisions will likely be voided by a local family court.

Enforcing a Prenuptial Contract in Crabapple

Local courts may enforce antenuptial agreements as long as there was no fraud, duress, misrepresentation, or non-disclosure between the spouses before signing. State law also requires prenuptial agreements to be written and signed by both spouses, along with a notary public and at least one other witness present. Additionally, the contents of a prenup must be generally fair and reasonable.

According to state law, a lawyer cannot represent both spouses during the process of drafting a prenup. Instead, each spouse must be represented by their own attorneys. Do not hesitate to retain a steadfast and experienced lawyer who is familiar with local courts to help you draft a legally enforceable prenup contract.

Let a Crabapple Prenuptial Agreements Attorney Help

If you are getting married, consider contacting a Crabapple prenuptial agreements lawyer to protect your finances and property rights in case of a future divorce. An experienced attorney at our firm can help protect your and your spouse’s assets with a comprehensive and detailed prenup.

If your future spouse has asked you to sign a prenup, our team can help you understand your legal rights and determine whether the contract is in your best interests. Call today for help in your case.

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