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Prenuptial & Postnuptial Agreements Archives

How to Ask Your Soon to be Spouse for a Pre-nup

For many people, falling in love and preparing for marriage is a process that is so wonderful that they lose sight of the harsh reality that anything can happen and marriages often end. Therefore, the idea of a Pre-Nup is many times not spoken of, as it implies that there is a possibility that the soon to be marriage could potentially result in divorce one day. If you have assets, it is in your best interest to have a Pre-Nup prepared, but initiating a conversation with your spouse regarding the same is not always easy. The following are a few tips to assist you in asking your spouse for a Pre-Nup, while decreasing the chances of bringing turbulence to your relationship:

Bring it up in the Beginning

If possible, at the beginning of any relationship, make it known that you intend to sign a Pre-Nup with whomever you marry. Your soon to be spouse will be aware and prepared for the conversation, eliminating any shock or personal concerns that you doubt the marriage will last.

Use Good Timing

If you are already … Read More »



Mediating Your Prenuptial Agreement

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How to Ask Your Fiancé for a Prenuptial Agreement

How to Ask Your Fiancé for a Prenuptial AgreementCongratulations! You’re engaged. You’re on your way to walking down the aisle on the happiest day of your life. There’s a lot to do to plan for the wedding. Find a location, book a caterer, find a dress, pick out a cake, and oh so much more. But there’s one more thing engaged couples should think of, and that is a prenuptial agreement.

 

Although the idea of asking your fiancé for a prenuptial agreement can feel like it is killing the romance and the flutter of preparing for your wedding day, it is a wise thing to consider, to protect each other for after you say “I do.” With divorce rates hovering around 60%, a prenuptial agreement is a tool to protect yourself in the even that “I do” turns into “I don’t.”

 

But how should you approach this topic with your fiancé?

 

First, start discussing the idea of a prenuptial agreement shortly after you get engaged. This way, you have the opportunity to discuss this in detail, and have time to negotiate, … Read More »



How to Ask Your Fiancé for a Prenuptial Agreement

Prenuptial Agreement

Congratulations! You’re engaged. You’re on your way to walking down the aisle on the happiest day of your life. There’s a lot to do to plan for the wedding. Find a location, book a caterer, find a dress, pick out a cake, and oh so much more. But there’s one more thing engaged couples should think of, and that is a prenuptial agreement.

 

Although the idea of asking your fiancé for a prenuptial agreement can feel like it is killing the romance and the flutter of preparing for your wedding day, it is a wise thing to consider, to protect each other for after you say “I do.” With divorce rates hovering around 60%, a prenuptial agreement is a tool to protect yourself in the even that “I do” turns into “I don’t.”

 

But how should you approach this topic with your fiancé?

 

First, start discussing the idea of a prenuptial agreement shortly after you get engaged. This way, you have the opportunity to discuss this in detail, and have time to negotiate, before you get married. … Read More »



Prenuptial Agreements in Massachusetts

What is a Prenuptial Agreement? Do you need one? Contact Amaral & Associates for the answers you need regarding Prenuptial Agreements in Massachusetts.Q: What is a Prenuptial Agreement?

A: A Prenuptial Agreement is a contract between an engaged couple who is planning to marry, in which the contract, divides all (or some) of each individual’s property in the event of divorce and/or death. It can also determine whether any alimony will be paid in the event of a separation or divorce.

Q: Who needs a Prenuptial Agreement?

A: Anyone who is getting married and you have any assets that he/she wants to protect, even if it is just one asset, needs a Prenuptial Agreement.

Q: What are some common terms included in a Prenuptial Agreement?

A: A Prenuptial Agreement can be drafted:

To protect a substantial inheritance or an interest in a trust; To protect an interest in a business; To provide for children from a previous … Read More »



Angelina and Brad reportedly have a prenup agreement. Family lawyers say you should, too.

// // // … Read More »



Do You Need A Prenup?

pre nupShort answer: Yes!

Long answer: A prenup, or prenuptial agreement if you’re being fancy, is a contract between two people who are getting married. Every prenup is different, but usually it lays out what will happen with regard to property and spousal support if the impending marriage ends in divorce. What exactly is covered and the terms to which clauses are held vary for each couple. Some prenups can even have so-called “sunset provisions” that allow for the prenup to expire after a certain amount of time.

Is it romantic to talk about both wedding invitations and who gets the boat when this relationship bites the dust? No, not particularly. But you live in the real world not a rom-com starring Kate Hudson, so you have to plan for the future. And getting this stuff out of the way when you’re super duper in love is a great idea. The alternative is fighting it out while you’re not particularly fond of each other, with no guarantee your assets will be protected, in what may become a very lengthy divorce battle. By the way, you guys have a boat?! Invite me over, … Read More »



Common Prenuptial Agreement Legal Issues

pre nupAgreements before (prenuptial) and after marriage are increasingly considered when the marital or cohabiting partners have significant differences in wealth, pension rights, family businesses, and children from previous marriages whose inheritance rights are to be secured.

It is often argued that prenuptial agreements reflect a lack of trust. However, we live in a trust but verify era of relationships as illustrated by numerous background check services. The ease and prevalence of divorce in our society requires partners to seriously consider a prenuptial agreement, especially when property issues will impact third parties such as children and grandchildren as well as business associates.

Media coverage of celebrity divorces frequently discusses prenuptials, or the absence thereof. Wealthy individuals sometimes forgo prenuptial agreements. Divorce cases without prenuptials include Harold Hamm (oil billionaire) and Paul McCartney. In contrast, Tiger Woods and Kim Kardashian had prenuptial agreements. Whether or not to have a prenuptial agreement depends upon a variety of personal and financial factors.

Same-sex couples and unmarried cohabitating couples also should consider a prenuptial agreement. However, a fundamental question is whether or not their state of residency allows contractual property arrangements in their special circumstances? Some … Read More »



Protecting Your Pet in a Divorce

Despite pets being a loving and integral member of families, the law has not caught up with this view, and still sees pets as property. But because pets are such an integral part of families, during a divorce, it can be a “custody” battle over your pet that causes a lot of disagreement and friction.

In divorces, there is no law, or hard and fast rule as to who gets a pet after the divorce. Unlike child custody, where there are clear laws and factors for determining custody, pet custody law does not exist. Rather, since pets are considered property, it is left to the spouses to figure out what to do with the pet. This can include some sort of “custody” and “visitation” arrangement for your pet, or one spouse can get the pets outright.

One way to avoid a bitter fight over your pet in a divorce, is to have a prenuptial agreement (if you have your pet before you get married) or a postnuptial agreement (if you get your pet after you are married), and address in the agreement … Read More »



Essential Things You Must Do When Contemplating a Divorce

listDivorce can release two people from a miserable marriage and set them free to pursue happier but separate lives. However, going through a divorce is never easy. When divorce becomes inevitable, there are certain things that you should do to make it easier.

1. Be Proactive on Family Finance

If you have not been very involved in managing the family finances, start now. Be proactive, ask questions, copy important documents. Hands-off from the money affairs is the last thing you want to do if you are contemplating a divorce. To be specific, you should start to gather information as early as possible, including the creation of a list of family assets (real estate, valuable collections, jewelry, vehicles, etc..), and start itemizing debts, sources of income, expenses, insurance policies, and retirement plans. The more you know about family finances, the more comfortable and confident you will be when you negotiate with your spouse in mediation, or present your claims in litigation for a contested divorce.

At the same time you should also start to collect financial information for both you and your spouse for the last three years, including, but not limited to … Read More »



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