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Family Law Zilla Articles
Home > Articles: Premarital Agreements
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What are premarital agreements?
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Before getting married, many couples tend to reach a pre-marital agreement. These agreements also know as pre-nuptial or ante-nuptial agreements, seemed to be reserved to Hollywood stars. But over the last decade, it became more and more common to sign such contract with the future spouse, especially on the West Coast.
Most people believe that these agreements are only meant to allow both parties to keep their own assets if the marriage fails. But this agreement can also provide children the right to receive the assets, or large of them, if both parents die. Eventually, the main purpose of a marital agreement is to work out all the divorce details before it become unresolved issues. The increasing number of marital agreement can be seen as a fact that couples acknowledged that they have one chance out of two to divorce and prefer to reach an agreement in order to prevent future disputes.
What makes a good pre-marital agreement? Such agreement covers wide arrays of aspects and it is important what you should include in your agreement. First a pre-marital agreement must contain a detailed pre-marital history and family circumstances. This can be very important when one party is marrying for a second or third time and has other children. Provisions have to be made to consider the past history of one party. Second, there must be a thorough written disclosure of both parties’ assets and liabilities brought into the marriage. Third, the agreement must stipulate how earnings during the marriage period will be shared in case of a divorce. Eventually, it should be given enough time to each party to thoroughly review the agreement. That’s why couples would be well advised to reach an agreement well in advance of the wedding.
Do I need an attorney to make a pre-marital agreement? After reading this article, you may consider to get a pre-marital agreement with your future spouse. As it does not look so complicated you think you could save some money by doing it yourself. In theory, you are not legally obliged to hire an attorney. But without legal counseling, a pre-marital agreement could create more issues than solving them. You do not need the best family law attorney in San Francisco who deals with stars. Such agreements are not expensive and can be handled by most general practice attorney.
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Premarital Agreement: Premarital Agreement Article: What are premarital agreements? This article explores ideas concerning premarital agreements as it relates to family law.
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