Prenuptial just refers to the time period before the marriage. The agreement will protect each person's own property and their rights to the property in the even of a divorce. Although some may see it as a tough process, it is actually a way to communicate all of your wishes to your fiance or partner before the marriage. Just as it is difficult to contemplate death when considering life insurance, the reality is that you should be prepared for unexpected events.
IF YOU SIGNED A PRENUPTIAL AGREEMENT (SOMETIMES CALLED A "PRENUP"), THEY MUST MEET A TEST TO BE ENFORCED
- Were all of the assets disclosed? Was there any fraud, duress, or misrepresentation in that disclosure?
- Was the prenuptial agreement fair to both sides?
- Is it still fair to enforce the prenuptial agreement?
If you are the one challenging the agreement, then you have the burden of proving that some or all of the above factors are not met. If the court agrees with you, it will still use the rules of property division and spousal support. Contact Kimberly Robbins to see how these rules apply to your case.
IF YOU ARE CONTMEPLATING WHETHER YOU NEED A PRENUPTIAL AGREEMENT, CONSIDER THE FOLLOWING:
- 50% of marriages end in divorce.
- There are nearly 20 million divorced adults.
- Approximately 70% of divorced men and 60% of divorced women remarry whether or not they have children.
- Most people who remarry do so within five years.
- Many people contemplating second or third marriages assets and grown children.
- The prenuptial agreement is a safeguard that allows divorced adults to pursue their desire to remarry without risking the lost of assets they have worked all their lives to build.
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