Having close to 50% of first marriages ending in divorce as well as 60% of second marriages ending in divorce, it is critical to know your rights when becoming married to your spouse. If you find yourself in a divorce, it is best to protect yourself if you have assets and property acquired before, during, or after the marriage. The Soubra Law Firm can address how the courts will look at your property and amount of income in a possible divorce and how a prenuptial agreement or antenuptial agreement may help you to protect your property and income in the future.
A couple entering into a prenuptial agreement is entering into a contract who is deciding to marry in the near future. The purpose of the prenuptial agreement is to protect properties or assets that are acquired by one or both of the parties in the event the spouses should divorce in the future. Should you or your potential spouse have substantial properties and/or assets, children from previous relationships, ownership interest in family business, people can discover prenuptial agreements to be useful, but be helpful in other situations.
Prenups can show what the intent of the parties is when it comes to debts, finances, and/or other issues dealing with the marriage. This prenuptial agreement will force you to think about and discuss it with your partner which can help your marriage in the long term. God forbid should you decide to divorce, a planned agreement can reduce the expense and stress of the process which all of this is carefully planned agreement between the both of you.
The Soubra Law Firm can help people who are contemplating entering into a prenuptial agreement. The Firm is committed to ensure that your agreements discuss all the issues that are critical to you. You will understand what you are entering into and giving up as you enter into a marriage. It is best to retain an attorney who can help you enter into an agreement that can affect you for the rest of your life. You understand the meaning of that agreement and its consequences.Enforcing the Prenuptial Agreement
There must be complete and honest disclosure of assets in the prenuptial agreement before it is signed by the parties in order for it to be enforceable. Also, the prenuptial agreement has to be entered into freely and voluntarily with complete knowledge of the consequences and meaning of the agreement. The party who is obtaining the prenuptial agreement should request enough time to receive the agreement and acquire representation to review and obtain advice on their rights and potential ramifications for entering into such an agreement. You should not wait until 3 days before a wedding to request a signature to bind you into this agreement. If a person who is hurried entering into a prenuptial agreement, it may later be set aside by a court claiming that they were put under duress and did not have enough time to review the contents of the agreement.