For a marriage to be a binding legal contract, it must be prepared by a lawyer experienced in matrimonial law and with knowledge of the laws on marriage contracts in your state. Ideally, you should have an independent board so that your interests are fully and fairly defended. All marital agreements are closely reviewed by the courts and the presence of an independent counsel for each party indicates that the contract is fair and that both parties have entered into the agreement in good faith and with appropriate legal representation. Having separate lawyers also helps to avoid any misunderstandings or misunderstandings that may occur during the design process, and to ensure that you are both satisfied and satisfied with the final agreement. Each state has its own laws, which regulate distinct types of property and types of marital property (some states use „collective property laws,” which often impose 50/50 sharing). After separation by death or divorce, the court separates all marital property according to state law. To prevent a court from deciding what is done with your property during your marriage, you can use a marriage agreement. In short, a marriage is simply an alternative estate planning tool that can be used to protect the financial interests of the couple and their heirs. A prenup cannot contain personal preferences, for example. B who has what tasks, where to spend the holidays, whose name should be used, details about the education of children or the relationship with certain parents. Marriage contracts are supposed to deal with financial matters.
Preventive measures that address non-financial issues are not maintained. Judges become uncomfortable if they see private cases contained in a contract, and will often view the document as reckless and bring it down. If you and your spouse want to have an agreement on this kind of thing, do so in a separate document with which the court does not have the authority to intervene. While the discussion of marital agreements is not particularly romantic, it does not need to be confrontational. As an adult, you should be able to get together and discuss your future with calm and honesty. If you feel that a marital agreement is something you want to follow and you don`t know how to discuss the topic with your fiancé, the following talking points should help make the conversation a little less unpleasant. Without Prenup, creditors can sue marital property while only one spouse is the debtor. To avoid this, limit your debt liability in a marital agreement. There is a widespread misunderstanding about pre-marriage arrangements, and that is that they are some kind of legal weapon to be used by wealthy couples in divorce proceedings.
