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General Rules About The Validity Of Your Prenuptial Agreement

Posted On : Nov-01-2011 | seen (228) times | Article Word Count : 506 |

If you have recently got engaged and are mindfully prepared to face a married life, one of the most basic things that you need to take into consideration is to whether or not sign for a prenuptial agreement.
If you have recently got engaged and are mindfully prepared to face a married life, one of the most basic things that you need to take into consideration is to whether or not sign for a prenuptial agreement. Before, prenuptial agreement only applied to people with more than enough assets that they prefer to personally be entitled to, or in other words to not share with their spouse.

Whether it is a personal choice or a family tradition, prenuptial agreement has been around for thousands of years, though not many are aware of it.

Basically, prenuptial agreement is an agreement between couples that protects the wife or the weaker party to have a clear statement of what he or she would have in case of divorce. This agreement is duly signed by both parties in witness or guidance of a divorce lawyer or someone with an expertise in the field of legal family issues. Each party has to have their own attorney who will also play as witnesses that each of the party involved were not forced to sign up the prenuptial agreement, otherwise the contract will be void.

Prenuptial law varies from one state to another. The law also changes with time. Prenuptial law has very complex set of rules and validity, so it is important to seek for professional advice for this matter or you can visit prenuptialagreements.org for more information. Here are some of the general rules of the prenuptial contract.

1. Each of the concerned party must be represented by a qualified lawyer. A qualified lawyer is someone who has proper knowledge and expertise on the divorce law. It is also not appropriate for one qualified lawyer to represent both concerned parties because that would mean conflict of interest. However, it is alright for the other party with the ability to pay, to shoulder the payment for the lawyer of his or her soon to be spouse, as long as the lawyer remain loyal to his or her client.

2. There should be a clear and full disclosure of all their assets, both of them should legally declare all of their assets and the total value of their assets as well as their incomes even before the marriage.

3. All agreement must be written in contract and both of the concerned parties must sign. The contract must be drafted months or a few weeks before the set wedding date. It should be taken into account way before the marriage and never a day before the wedding. All types of coercion, undue influence and pressure must be done to the either of the party to sign the prenuptial contract.

4. The prenuptial agreement must always be fair to both the concerned parties. Any attempt of the party with higher income to protect his or her potential earnings during the marriage only to protect his or her asset will be voided by the ruling judge. Most of the times, the divorce court favor the weaker party.

Article Source : http://www.articleseen.com/Article_General Rules About The Validity Of Your Prenuptial Agreement_98440.aspx

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If you need more information about divorces, your marital assets, and prenuptial agreement law from state to state, consider checking out www.prenuptialagreements.org. This website offers free information about these and more.

Keywords : www.prenuptialagreements.org,

Category : Business : Small Business

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