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Frequently Asked Questions about Prenuptial Agreements

The most frequently asked questions about prenups are answered by experts.

When is the best time to begin the prenuptial agreement process?

If you can, try to have candid discussions early on in the relationship when emotions aren’t running high. Talking about your premarital contract with your spouse or attorney too soon to the wedding day might be stressful enough. A prenuptial agreement should be finalized at least 30 days ahead of the wedding date, depending on the couple’s circumstances. Finalizing a prenuptial agreement should be included on the checklist of things that need to be done before the big day.

Premarital agreements are frequently drafted by the side with the largest financial resources, whether it be in the form of income or assets. This would be followed by the other party retaining their own legal counsel to go over everything in the agreement and provide ideas for improvements. The agreement would be signed by the parties and their respective attorneys once a final draft had been authorized by all parties. In order to prove the absence of fraud, coercion, or undue influence, it must be demonstrated that the parties have the legal competence to enter into a contract.

In what way should the prenuptial agreement be brought up?

Many couples are reluctant to discuss prenuptial agreements for fear of damaging their relationship or causing offence to their future spouse. If someone brings up this subject, I will encourage them to be clear that they’re doing so solely as a precaution and that they sincerely hope the issue will not arise and that the marriage will continue indefinitely. The most crucial thing is to make both parties feel heard and respected, even if their feelings are hurtful. There should be no animosity between the parties involved in a prenuptial agreement.

How many lawyers do you need to hire separately?

It is in everyone’s best interest to have their own lawyer. Both sides have a conflict of interest, and one party without legal advice is at a disadvantage because of it. As a result, it will be far more difficult for one party to contest the terms in the future.

Are prenuptial agreements able to stipulate the terms of child support and custody?

A prenuptial agreement cannot be enforced if it attempts to address public policy concerns about child custody and support, according to most jurisdictions. Divorce courts will have to decide what is in the child’s best interest at the time. As a result, most prenuptial agreements do not include provisions for child support and custody because doing so could invalidate the pact. In fact, if the prenuptial agreement seeks to address the issue of child support, certain jurisdictions will strike those clauses.

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