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The
Prenuptial Agreement Dilemma
by: Jeffrey
Broobin
OK.
You can look at the idea as very cold and
unromantic. You can look at the idea as a
considerate and practical way to decide before
the marriage certain issues having to do with
your money.
It is interesting to note that the custom
of creating prenuptial agreements is not the
modern invention that it seems to be. During
the 19th century, before the Married Women's
Property Act of 1848, prenuptial agreements
were necessary for women in the United States.
Until the act became law, everything a woman
owned or inherited was transferred to her
husband. If he died or divorced her, she was
just out of luck.
Nowadays it is not so uncommon to execute
prenuptial agreements. And these are not just
for the famous super-rich couples we read
about, where one spouse is much richer than
the other. These are couples who want to be
upfront about financial issues and get that
out of the way before the wedding.
A prenuptial agreement is a signed and notarized
contract that describes how a couple will
handle the financial aspects of their marriage.
The prenuptial agreement has many positive
benefits that are not related to divorce,
and although it is not very romantic, it has
many positive elements.
If a future spouse won't sign a prenuptial
agreement, it may be best to discover this
before the wedding.
The financial well-being of children from
a previous marriage can be protected
Personal and business assets accumulated
before the marriage are protected by a prenuptial
agreement.
A prenuptial agreement reveals financial
expectations before the wedding.
A prenuptial agreement discloses assets
a spouse may want to give to children or other
family members in the event of death.
In the event of a divorce, the prenup eliminates
battles over assets and finances.
Signing a prenup does not mean that a couple
is anticipating divorce.
Prenups address financial matters need to
be faced.
A well-constructed prenuptial agreement
can preserve family ties and inheritance.
Despite its many positive features, the prenuptial
agreement cannot accomplish everything.
A prenuptial agreement may be considered
unromantic.
A prenuptial agreement may give the appearance
of a lack of trust between the partners.
It is true that a prenup could create resentment
between certain spouses.
Certain requirements exist so that the prenuptial
agreement cannot be declared invalid. These
include failure to disclose all assets, evidence
of fraud, forcing the agreement upon the other
spouse, unfairness, and lack of representation
at the time of signing the agreement.
If you are considering having a prenuptial
agreement it is important to remember these
things:
Dont wait until the last minute to talk
about financial matters. Discuss the agreement
early in the relationship.
Dont try to hide your thoughts, feelings,
and especially your assets.
Note that Legal Helpmate Corp provides an
easy-to-use, quick, and economical online
method for Creating Prenuptial Agreement (Premarital
Contract).
About the author:
Jeffrey Broobin is a free-lance writer on
family and finance issues; his main goal is
to help people during their complicated period
of life.
Website: http://www.legalhelpmate.com
Email: jeffreyb@legalhelpmate.com
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