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3 Signs you need a Prenuptial Agreement
If you are thinking of getting married but also want to protect the assets you have acquired so far, you can agree with your partner to draw up a prenuptial agreement. This document describes each of the properties that the future spouses own, as well as the debts incurred. The purpose is to put in writing the rights that each person will have in their assets in the event of dissolving the union. Although many are aware of these agreements, few people really know what it takes to create one. You need a Brighton Beach divorce lawyer to create the prenup for you and be advised what you should include in it.
Who Needs A Prenuptial Agreement?
There are many reasons why a person decides to sign a prenuptial agreement. You do not necessarily have to have a significant number of properties. It is about protecting those that you have, especially, if you have high financial assets, you want to protect yourself from the debts of the other party, and if you have children from a previous marriage that could possibly earn an inheritance from you.
To Clarify Financial Rights
Beyond separating the assets, a prenuptial agreement also helps to specify what the rights of each person will be over the property contracted before the marriage, in addition to the financial responsibilities that the future spouses will have.
Avoid Arguments In case Of Divorce
Concern about the division of assets in the event of a possible divorce is one of the most common causes for people to decide to develop a prenuptial agreement, especially if they have already gone through a previous separation. In this document, the spouses can also agree to receive alimony or not. Although, in most United States courts, they will not allow either spouse to waive their rights. It also helps protect against debts that the other party may have incurred. A Brighton Beach family lawyer will give you suggestions and recommendations on what you should put in the prenuptial, after you decide which assets you want to keep. Your lawyer will also represent you in the case of a divorce.
If You Don’t Prepare
It is known that by marrying another person all the goods and properties they acquire, whether together or separately, will become part of the commonwealth. Therefore, the law will be the one who determines what will happen to them in case they decide to dissolve the union or one of the two dies. In this sense, without a prenuptial agreement, the parties will not only share their possessions, but also all debts. That is, one of the spouses will be obliged to cancel the debt incurred by the other person. In addition, they will have to reach an agreement to be able to sell or mortgage a property. That is, a spouse will not be able to sell one of the properties if the other is not notified, and agrees to the sale of the property. In short, the prenuptial agreement gives a person autonomy over their assets even if they have signed a marriage bond.
It is recommended that future spouses not only reach an agreement regarding the protection of their property but also that they be as clear as possible at the time of writing it, so that there are no gaps that could later harm any of the parts. This is where one of the best Brooklyn divorce lawyers comes into play and one such is Levitsky Law Firm.