A marital agreement does not indicate that a couple expects a divorce. Now that you have found someone to represent you, also ask your future spouse. „It`s really important that both parties have their own lawyers to advise them specifically on the terms and provisions of the agreement,“ said Raymond Hekmat, a Beverly Hills lawyer who specializes in prenupes. And not just any lawyer, but someone who understands family law. „Some people go to business lawyers or estate planning lawyers, and many of these prenuchers lack the nuances of family law that are important to include them in a valid marriage agreement,“ he adds. Read more: 4 reasons why you may not want to sign a prenup agreement, make sure you receive good legal advice from a competent lawyer, think about what is the best process for you, such as using mediation, collaborative law or traditional negotiations when creating a marriage contract, make sure you have full disclosure of your assets and debts and leave it in a lot of time that has been signed 30 days before the wedding. I hope you never have to use the marriage agreement, but if you do, you will get it if the marriage breaks. This Christmas weekend, thousands of well-meaning people with sweaty palm trees will crouche in salons across the country and offer their loved ones. Each of these couples will continue to fight for money. Statistics show that about half of them divorce later. And almost none of them – less than one percent by some estimates – will have prenups. Would it have helped one of them to sign one? Maybe, but it depends on how they did it.
„Pre-marriage contracts are contracts and are generally enforced,“ says Andrew Winters, a divorce lawyer with new Hampshire law firm Cohen and Winters. „However, because of their sensitivity, they are under scrutiny to ensure that the agreement was truly voluntary and did not contain unfair or illegal provisions.“ Winters says the specific requirements for applicability vary considerably from state to state. But a common requirement is that a lawyer be hired by each party. „It is also reprehensible that the agreement was reached just before the wedding,“ he added. Don`t be advised by a friend who has just obtained a marriage agreement, because everyone`s situation is different. Money spent on a good lawyer is an investment in your future. According to the FindLaw.com website, „pre-marital agreements (also known as marriage contracts or prenups) are a common legal step before marriage. A prenup establishes the property and financial rights of each spouse in the event of a divorce.