manhattan prenuptials lawyers
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Newlyweds can be a little hesitant about a prenuptial agreement. But many have chosen this option as an additional layer of security. If you do as well, you should let a trained attorney guide you through the process.
Vindictive Spouse Syndrome
You and your significant other may be madly in love, but love tends to turn into fury when something bad happens. That rage can lead one to make questionable decisions that he or she would not otherwise make. The estranged spouse might threaten your visitation with the children, take your property and leave you penniless. A prenuptial agreement drafted by an attorney would secure both parties in the event that one of you contracts vindictive spouse syndrome.
The Objectivity of An Attorney
As a relationship reaches its emotional peak, you might have a very high perspective of your significant other. This can sometimes compromise one’s ability to think rationally about an issue. This is often how abusive relationships happen. One party will be the best person that he or she can be until they get settled into the marriage. Then if you want a divorce, it will be more complicated.
Neither Party Will Be Trapped
A characteristic of a loveless marriage is that one party does not really want to be there, but he or she has no other options. If that party were to leave, the spouse would not provide sufficient funds. A prenuptial agreement can prevent that bad situation.
An Invalid prenup
If you try to draft a prenuptial agreement without an attorney, you could run into some problems. When the time comes to use it, the judge might tell you that it is invalid. There are several reasons that a prenup would be invalid. If it violates public policy laws regarding parental visitation or property rights, then it would be an invalid contract. The court will also not enforce non-monetary stipulations. There are several other examples like this one, and a lawyer will be able to identify them for you.
Financial Decisions During Marriage
A prenuptial agreement does not merely cover issues that arise in the event of a divorce. It also dictates how finances will be managed during the course of the marriage. You will decide whether you want joint accounts or if you want to keep your finances separate. This also disarms the common assumption that a prenuptial agreement sets a precedent for divorce. It is actually a binding contract designed to manage the marriage.
Protection From The Unknown
One of the most intimidating aspects of divorce is that neither party knows what their life will look like should the marriage end. They are concerned about their relationship with their children and their assets. A prenup will provide necessary information for a stress-free life. Of course, a trained attorney will be necessary for that to ensure that there are no problems with the agreement.
Potentially Save Money
If you hire an attorney now to draft a prenuptial agreement, it could save on lawyer fees in the future. A divorce often leads to court proceedings to determine assets and parental rights. Since a prenup would settle those issues, a trial would be unnecessary.
If your spouse has a few outstanding debts (such as student loans), that probably would not change your desire to get married. But you might not want to share that responsibility. An attorney can draft a prenup stipulating that both parties will be responsible for their own debt.
You might think that your will can properly represent your wishes. But sometimes family members who are left out of a will (or did not receive a favorable inheritance) can contest it. If they are successful, your assets will be distributed to your next of kin independently of your wishes. A prenuptial agreement under the supervision of an attorney will function as an additional testament to your wishes. This is also another reason that a prenup is not just about divorce. It is about your personal security and finances.
Children From A Prior Marriage
If you have children from a prior marriage, then your spouse should know that they come first. With that being the case, he or she should be willing to sign a prenup for their sake. In the event of your death or a divorce, you might not want your spouse to take custody of the children. Let a lawyer handle that clause for you.
If you pay for your spouse’s tuition while he or she is pursuing a degree, you are essentially making an investment. When he or she graduates, you will have a more prosperous lifestyle. But if you get a divorce, then your spouse will reap the rewards of the degree and you will lose your investment. A wise attorney will prepare for this problem by including the value of the degree in the prenuptial agreement.
A prenuptial agreement is not indicative of lost love. It is a mechanism for managing the marriage and preparing for the worst.