Contrary to popular opinion, prenuptial agreements are not only for wealthy couples. Many attorneys are seeing an increasing number of couples who want to sign prenuptial agreements before getting into marriage. Perhaps it’s because many Millenials marry later in life, so someone has already gathered some property before getting married, and they don’t want to share it if the marriage doesn’t work out.
Most importantly, a prenuptial agreement should be legally executed by a prenuptial agreement lawyer; otherwise, the court could declare it void and invalid in the event of a divorce. A prenuptial agreement lawyer such as the Musson law ensures that the prenup agreement is valid if the court needs it in the future. Here is why hiring a prenuptial agreement lawyer works to your benefit.
A lawyer ensures the agreement meets the required conditions
The prenuptial agreement must meet some specific conditions for the court to consider it valid. Note that family law differs significantly from one state or country to another, but some prenuptial conditions are consistent regardless of the location of residence.
One of the conditions is that both parties must disclose all assets, financial obligations, and income when signing the prenup. Another condition is that both parties should be given enough time to review the prenup before signing. The court also requires that each party acquire independent legal representation during the process. a prenuptial lawyer makes it easy to understand the conditions that you must meet in a prenuptial agreement depending on your state.
They help you understand what you are signing.
Another advantage of engaging a prenuptial agreement lawyer when signing a prenup is that they help you understand the implications of what you are signing. At times a prenuptial agreement could have terms that are unfair to one of the parties. Also, navigating the complications of a prenuptial agreement without legal advice can make you overlook some crucial details.
Plus, you cannot ignore the fact that some prenuptial agreements have been declared invalid by the court because of undervaluing or when one party fails to disclose their total assets. A prenuptial lawyer eliminates such concerns and helps you better understand the terms of the agreement. It is best if each party has an independent prenuptial agreement lawyer.
Ensure the validity of your prenuptial agreement
A prenuptial agreement is important in the event of a divorce. The court scrutinizes it carefully, so having independent lawyers is necessary. Although not all courts require that, not having independent lawyers can create uncertainty for the judge. Additionally, careless errors on the prenuptial agreement can render it invalid. That is why having an experienced prenuptial agreement attorney is essential before signing the agreement.
Knowledge of family law is key to writing a prenup.
A prenup agreement outlines how you would like your marital assets divided in case of a divorce. It is like saying you know how the court would divide the assets, but you want to do it another way by signing a prenup. A lawyer with expertise in family law understands what rights you may be giving up and can help you understand the full effects of the prenup agreement.