Prenuptial Agreement

Menstuff® has information on prenuptial agreements.

A Prenuptial Agreement
A Difficult Remedy:  Premarital (Prenuptial) Agreement
How to Obtain a Prenuptial Agreement
Creating a Prenuptial Agreement
Taking Care of Business

Prenuptial (Premarital) Agreement Amendment
Termination of Pre-Nuptial Agreement
Men As Beasts of Burden
Related Articles , Books , Organizations , Web Links , Useful Terms

A Prenuptial Agreement


He proposes, she accepts, and the date for marriage is set. The couple sits down to discuss the flower arrangements, the band, and…the prenuptial agreement? The very idea makes many people hesitate: still fresh with the glow of romance, is it appropriate to think about the demise of the marriage?

Though they have been stigmatized in popular culture as cynical arrangements and romance-killers, prenuptial agreements have become more and more common in recent years. Indeed, with approximately 1/3 of all first marriages, and nearly ½ of all second and third marriages, ending in divorce, a prenuptial agreement may be seen not only as practical but as necessary. Without such agreements, the state may either grant each spouse one-half of the marital assets (if they live in a community property state ) or divide the assets based on an “equitable distribution” (if they live in a non-community property state). Any non-traditional or specific allocations that you wish to make should be covered by your prenuptial agreement to avoid the standard distributions.

A prenuptial agreement is a private agreement between two parties who are intending to marry that sets forth the distribution of assets (and debts) that will occur in the event of the parties’ divorce or death.

Among others, this form includes the following key provisions:

This attorney-prepared packet contains:

State Law Compliance: This form complies with the laws of all states

How to Obtain a Prenuptial Agreement


1. Research prenuptial agreements on the Internet using a variety of search engines. The more you read about them, the more it will help you decide if it is right for you and why you want one.

2. Share your opinions with your partner early on. Present the idea of this legal document in an open and honest way.

3. Encourage your partner to research with you. Encourage him or her to share fears and concerns. Be as specific as possible about why you are for it or against it.

4. Draft up an agreement on your own. You can obtain sample prenups in a variety of guidebooks at your local bookstore.

5. Seek out a lawyer to complete the final draft of the agreement.

Tips

• Bringing up the idea of prenup will most likely cause the other party to feel you don't trust them or that you don't want to share. So it is very important to think about WHY you are doing this.

• Put yourself in your partner's position. How would you want the topic brought up to you?

• Give yourself many months to over a year to talk about creating a prenup.

• You should each have your own lawyer. It will help considerably in obtaining a fair agreement.

Warnings

• Bringing up the topic at your rehearsal wedding may put off the real one.

• If you do not create one you are leaving your marriage under the laws of the state you reside in and you may not agree with the state's laws surrounding marriage.

• For more info on prenups and how to talk about one with your partner, visit www.equalityinmarriage.org

• Consider that your partner could take your suggestion as sign of mistrust.

• A good source of motivation for working out a pre-nuptial agreement are the statistics and analysis in the article Men as Beasts of Burden

Article provided by wikiHow, a wiki how-to manual. Please edit this article and find author credits at the original wikiHow article on How to Obtain a Prenuptial Agreement. All content on wikiHow can be shared under a Creative Commons license.

Creating a Prenuptial Agreement


A Prenuptial Agreement is an agreement between prospective spouses, made in contemplation of marriage. The Agreement becomes effective upon marriage. The Prenuptial Agreement should be discussed by the parties well in advance of the marriage. Sufficient time should be permitted to allow both parties to consult their separate legal counsel and to sufficiently consider the Agreement. Otherwise, one party may later claim that the Agreement is unenforceable because it was misleading or signed under pressure. The Agreement is generally unenforceable if it was signed after the marriage ceremony.

From a legal perspective, marriage can be viewed similar to a business arrangement. Business transactions should not be entered into without documenting the terms of the arrangement in writing. Likewise, the parties in a marriage should carefully consider how issues will be handled during and/or after a marriage. Without an agreement, the probate court (upon death) or the divorce court will impose an agreement on the parties in those circumstances.

Property Rights

A number of issues can be clarified in a Prenuptial Agreement pertainingn to property rights. For example, the agreement can specify how property -- previously owned or acquired during the marriage -- will be distributed upon divorce or death. Other items which may be addressed include:

Certain Provisions Not Enforceable

Certain Agreement provisions may not be enforceable, such as provisions relieving one party from paying child support or alimony. State law or public policy may prevent a court from enforcing such provisions. Because of differences between the states, the drafting of such provisions should be done in consultation with a lawyer.

For More Information:

Death of a Spouse
Dissolution of Marriage
Earnings during Marriage
Joint Ownership of Property
Living Expenses/Debts
Miscellaneous Provisions
Names of Children/Support of Children
Revocation of Prenuptial Agreement
Separate Property
Taxes
Signing Instructions

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