When it comes to divorce regulations and procedures, many states have distinct laws, and laws can be more complicated and capricious than many others. Prenuptial agreements, while not for everyone, can make the unthinkable more bearable.
Anyone who has been through a divorce can tell you that it is not a pleasant experience. However, when the marriage has more assets or there are children involved, it can insulate both spouses from each other's worst traits. It's simply not the right moment, and it's difficult to think clearly once a breakup has begun. A prenuptial agreement may appear frigid, but so does a divorce rate of 50%. Finally, a proper prenuptial agreement should be viewed as a sort of protection for both the bride and the husband.
They can be simple or complex, and an experienced prenup attorney can easily modify them to your individual situation. They can include alimony or spousal support, debt liability, and the allocation of tax attributes, among other things. They will, of course, normally address asset distribution as well. If there are businesses involved, the rights and obligations of both parties, as well as how ownership is divided, should be explicitly stated.
We all wish for the best - no one enters a relationship expecting it to continue forever - but the truth is something we all know - yet many don't. It does no one any good to refuse to consider this, but it isn't a reason to be sad any more than insurance is a reason to regret purchasing a home. Insurance is insurance, and its objective is the same as a prenuptial agreement: to ease the burden of difficult times.
Both parties will build a good prenuptial agreement; take it or leave it. In most cases, proposals are easily defeated in court, but this is an uncommon occurrence. A prenuptial agreement can save you money, time, frustration, and the feelings and regard you have left if the rights and duties are explicitly laid out and agreed to. It's a terrible reality, but love alone isn't always enough; some individuals simply cannot live together, even if they love each other.
Many people are unaware that in order for a prenuptial agreement to be valid, it must be fair to both parties; as previously stated, the courts will not enforce an instrument that appears to be unfair on its face. One of the best aspects of these instruments is that once the procedure is over, both parties usually feel better about having a prenuptial agreement.
A prenuptial agreement is not for everyone, but anyone who has been through a divorce knows how tumultuous a divorce can be for both parties. A knowledgeable lawyer can assist you in drafting a reasonable prenuptial agreement that will reassure both parties and, in the event that the worst happens, will help to make things go more smoothly and affordably while ensuring that each individual is treated equitably.
Call Family Lawyer to speak with a lawyer who specializes in prenuptial agreements about a prenup; to get started on a Scott E. McCarty Attorney, just give them a call!
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