For Vibrant Brides of Color

PRENUPTIAL AGREEMENTS

Should you get one? What the hell are they anyway. All your questions are answered in this article.

WHAT ARE PREMARITAL AGREEMENTS?
Pre-Marital Agreements (also called "pre-nuptial" or "ante-nuptial agreements") are binding legal contracts between you and the one you intend to marry.


Among the purposes people have in wanting such written agreements is to try to ensure that their assets remain theirs if the marriage fails, to provide that their assets, or at least a large portion of them, go to their children in the event of death, and to work out arrangements for matters that may become problems after the marriage. Prenuptial Kit


ARE PRENUPTIAL AGREEMENTS VALID?
Most states generally favor prenuptial agreements because they encourage people who might not get married to become married.


However, whether prenuptial agreement you are considering will be valid depends on many facts and circumstances.


WHAT SHOULD I DO TO HAVE A VALID PREMARITAL AGREEMENT?
Generally you will want to
  • make full and complete written disclosure of each othersÂ’ assets and liabilities, well in advance of the wedding,
  • make sure that the terms are not unreasonable, and would be considered fair, under the circumstances, and
  • give both parties a reasonable opportunity to review the proposed agreement with his and her own independent legal counsel well before the wedding.



ARE THERE ANY STANDARD FORMS OF PRE-MARITAL AGREEMENT?
No. Just as each couple is different, there are no set contract provisions that are always be used. The agreement can be as limited or as broadly stated as you want in order to protect each individualÂ’s rights and property. Prenuptial Kit


WHAT IS TYPICALLY COVERED?
Pre-Marital Agreements typically cover at least several of the following topics:
  • Prior marital history, and family circumstances,
  • What property and prospects each spouse is bringing into the marriage,
  • Who will own the investment earnings from such property,
  • What will happen with the earnings of each spouse,
  • What happens with property one spouse may inherit,
  • What happens in the event of death of a spouse,
  • Where the couple will reside, and
  • How taxes will be handled (e.g. joint or separate returns),
  • The level of support in the event of a divorce, and
  • What happens to debts owed before the marriage and those thereafter incurred.
  • Where one or the other party is marrying for a second or third time, commonly provisions will be found bequeathing certain assets to a child of a previous marriage rather than to the new spouse.
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