Prenuptial is not something high up on the discussion list when you are getting ready to get married but ignore it at your peril; a prenuptial aggreement when they are set up correctly protects both sides in the event of a divorce to prevent a not so cheap US divorce later on. It seems like this would be a trust buster at the begriming of a relationship but in reality the Fiancees working together on this before the wedding actually can have the opposite affect as you are forced to talk about one of the things that is many times a major reason for USA divorce money and property. Setting out where both parties understand where they fit into the greater scheme of things is a very smart way to start out.
One of the ways to insure that a prenuptial agreement will hold up in a divorce case is to use a collaborative law techniques. This is where the couple hires an attorney to work with the fiancee's to talk about the future. There is no head in the sand anymore as the divorce rates have gone up. You would have had to have lived in a closet not to understand that divorce has a significant chance of happening in the US today using a collaborative law trained lawyer will get you talking together on tough issues that are going to come up again for many couples. You might even think of it as pre marriage consoling.
Some of the reasons why a prenup can be busted is that it is not a voluntary agreement. If one of the sides coerced the agreement through and the other thinks that if they don't agree with the prenuptial's agreement that they will end up not getting married this is grounds for a judge to throw the prenuptial agreement out.
One of the other reasons is if one of the parties hides assets and does not disclose them in the prenuptial's.
Obviously it needs to be written down and signed.
It is also a good idea that both fiancee have a lawyer and have them review it thoroughly before signing it.
And a good prenuptial will have been worked on over a period of time to give both sides adequate amount of time to think over the ramifications and their future before they sign this legal document.
Preparation is the key to cheaper legal bills in the future.
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There is always going to be a need for lawyers and figuring out when is always going to be tricky. Many lawyers will answer some questions for you for free to see if you do need there services, others might charge a small consultation fee. If you do need a lawyer, looking for a cheap one might actually cost you more money in the long run!
This is not legal advice and should not be acted on as legal advice. This is general information for you to consider. If you have legal question get legal help from a licensed attorney or paralegal.
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