This is where an experienced divorce lawyer can be especially helpful. We have seen the worst of the worst. We know what the most loving couple can do to each other when they no longer love each other. Every case of divorce is different and with different comes knowledge. A divorce lawyer can use this knowledge to your advantage to prepare a prenup that protects your financial interests in the event that your marriage takes place in the south. Most importantly, you determine how you divide your property and spousal support now, when you get along well, is a great way to save time, money, and emotions if you don`t. In other words, it does the financial work of a divorce on the front-end, so the back-end is fast, smooth and cheap. And who better to help you do this than hire a divorce lawyer who knows how to write a prenup to protect you from what could happen in the event of a divorce? A divorce lawyer can write your prenup to protect you from the “worst-case scenario.” Although New York law already determines how property is to be divided in the event that a marriage ends in divorce or death, the courts recognize a valid marriage contract that may differ from the division of property in New York law. The marriage contract takes control of your property and property away from the state and puts it in the hands of you and your spouse. The possibilities of leaving a marriage contract are limited. Texas law provides that agreements are enforceable. Texas prenuptial agreements are not legally enforceable if any of the following is true: Contrary to popular belief (or misunderstanding), prenuptial agreements are not just for the rich. A common excuse I hear from engaged couples is that they “have nothing” worth the cost of hiring a lawyer to prepare a prenup.
I disagree! You and your intention don`t need to have anything of value to know how you would distribute your future possessions if your marriage didn`t work. Knowing divorce law is the key to knowing how to write a prenup. Therefore, do not hire anyone who has no experience in preparing this type of agreements, and please, please do not do it yourself with a form on the Internet (yes, I have seen them too). I know it`s not fun to add a “prenuptial deal” to your wedding budget if you`d rather use that money for flowers or a Belgian waffle bar. However, hiring an experienced divorce lawyer to write a prenup is money well spent. This can save you thousands if the wedding doesn`t work. However, it is not enough to have a prenup. You need to hire a lawyer who knows how to write a prenup to get up in case your marriage doesn`t work. The standard prenuptial package also includes marital separation and an exchange agreement. It is shorter than the prenup and is signed after the marriage of the parties.
The signing of an agreement confirming the prenup after the marriage makes it difficult to claim a lack of volunteerism when signing the prenup. Friend: Hey, do you know anyone who could make a prenup for a friend of mine? A well-written prenup lists all the assets and liabilities that each party has at the time of marriage. The agreement then determines how they will divide the assets or debts owned before or during the marriage. Usually, everything you own before marriage is excluded from division. This means you don`t have to share it with your spouse in case you get divorced. However, many parties are tempted to skip this important step. Some might consider asking a lawyer to draft the marriage contract. You might think it`s fair, that he can just do things, or that he can save on legal fees. Some may even believe that a lawyer can represent both parties, which is obviously wrong because of the conflict of interest rules.
Why you need to hire a lawyer who knows how to write a prenup. It is a common misconception that each party is required to consult a prenup lawyer separately before signing a marriage or post-marriage contract. This is a misconception, even among lawyers. Texas only requires that a prenuptial agreement be written and signed by both parties in order to be enforceable (Texas Family Code § 4.002). The same goes for a postnup, which is referred to in Texas law as a sharing and exchange agreement (Texas Family Code §4.104). These agreements are contracts and can be signed without both parties consulting a lawyer. If the spouse who did not apply for the marriage contract consults a lawyer, that person must understand the reason for the consultation. It may be that the agreement is declared to negotiate the terms at the beginning or confirms that it corresponds to what they have already agreed.
A prenup lawyer might think the negotiations are justified and try to resume discussions. It is reasonable to talk to the lawyer, but the person seeking the opinion must be clear about the reason for the meeting. Otherwise, confusion may lead to the resumption of negotiations if that was never the intention. The prenup also explains how you and your spouse will divide the property you acquire together during your marriage. Normally, this property is divided evenly (i.e. 50/50). Prenups may also include clauses on the purchase of a home, spousal support, and a lump sum payment from one spouse to another in the event of divorce. Before we get into the reasons why you should hire a divorce lawyer to write a prenup, let`s talk about what a prenup is. In its most basic form, a prenup is a contract signed by a couple before marriage and tells how they plan to share certain assets and debts when they divorce. It only takes effect when you get married.
This conversation made me think. If another lawyer didn`t know that a divorce lawyer should write a prenup, how likely was it that someone who needed a prenup knew? Does this mean that couples who need prenups specifically avoid divorce lawyers for this type of legal aid? The purpose of a prenup is to determine how you want to divide your assets and debts in case your marriage ends in divorce. By signing your prenup, you say, I know how a court would divide our property if we divorced, but we agree to do it differently, which may or may not be how a court would decide. Friend: Oh, I didn`t know that divorce lawyers also made prenups. The standard prenuptial package includes confirmation that the other fiancé or spouse has been asked to seek independent advice and has decided not to do so. The confirmation includes a statement that the person presenting the agreement has offered money to the other party to consult with a lawyer. It will only be signed if the other party does not consult a lawyer. Fortunately, more and more couples are seeing the benefits of signing prenuptial agreements.
In fact, lawyers are seeing an increase in prenups, especially among millennials. I think one of the reasons for this is that people get married later in life. Often, when these parts walk down the aisle, one or both already own a home and/or have large retirement accounts. As a result, these millennials, like a two-year-old and their favorite toy, don`t want to share their hard-earned fortune if marriage doesn`t work. I was worried about that. I understand. People see divorce lawyers as the sinister Reapers of marriage. And who wants to think about death at the birth of a marriage? While I don`t wear all the black (well, sometimes) or wear a sickle, my divorce lawyers and I spend a lot of time caring for people when their marriage ends and their family falls apart. And that`s exactly why a divorce lawyer should write your prenup. A few months ago, a friend, law school classmate, and former roommate (i.e., someone who knows me and what I do really well) wrote to me looking for a recommendation for someone who knew how to write a prenup for a friend who would get married in a few months. Here`s part of that exchange: But an important first step is for both parties to hire their own separate lawyer. A separate lawyer can give both parties the advantages and disadvantages of concluding the marriage contract.
A separate legal counsel can also help ensure that there is no undue influence, coercion or coercion, and can help the client disclose any property and debts they brought into the marriage. While prenuptial agreements are considered enforceable, you or your spouse may challenge the validity of a prenuptial agreement for a number of reasons, including: The timing of the prenuptial agreement may also be important. For example, although there is no clear line rule, the distance from the date of marriage that the marriage contract signs by both parties is almost much better. I also see a lot of clients who are getting a second marriage and want a prenup because of what happened in their first. These parties still bear the tax scars of their first divorce (as well as the legal bills) and want to avoid the same fate with their second spouse. A lawyer might ask, “Why bother marrying a prenup?” or “Why not divorce instead of signing a partition and exchange agreement?” The lawyer might point out that the person would be better off in the event of death or divorce without the agreement. .