Law

Important Things to Keep in Mind when Considering a Prenup

A prenuptial agreement is a written contract signed by a couple who plans to be married soon. This agreement allows parties to discuss their financial concerns and other possible areas of contention before their marriage. Generally, a prenup lets couples control a lot of their legal rights and responsibilities they will acquire after they tie the knot and dictate what will take place when they die or decide to file a divorce. Couples should sign the contract before their wedding. 

If you are marrying the love of your life soon, the decision to enter a prenuptial agreement is yours to make. But, there are a lot of things to take into account before you sign your prenup. Family law attorneys in monroe nc can help you determine whether a premarital contract is right for you and make sure your best interests are protected. 

Benefits of a Prenup

You may want to sign a prenup because of some reasons. A prenup can reduce the possibility of conflict between you and your spouse-to-be since the contract addresses the topics that would be hard to discuss in case one of you dies or you consider a divorce. Another reason you may want to consider signing a prenup is to make sure you and your future spouse are on the same page with how you want to use your finances during the course of your marriage. Finally, a prenup helps protect whatever you will bring into the marriage, so you can make sure your kids are protected financially from possibly losing part of what you want to leave them in the future just because of a divorce or your death. 

Getting Legal Representation

Although spouses are not required by law to have lawyers draft their prenups, it is recommended. If you are not familiar with your state law, you must hire a lawyer. Courts commonly scrutinize prenuptial agreements, so to ensure the validity of your document, hire an attorney to draft it. Every spouse must enter into the contract with an understanding of the benefits and risks. Thus, it is best to make sure you and your spouse-to-be are represented by your respective attorney. Otherwise, the court may reject the contract during divorce proceedings. By having the chance to get independent legal advice about the terms of a prenup, courts may determine that every person understood what the agreement stated and thus, may uphold the agreement in court.