For a marriage to be a binding legal contract, it must be prepared by a lawyer experienced in matrimonial law and with knowledge of the laws on marriage contracts in your state. Ideally, you should have an independent board so that your interests are fully and fairly defended. All marital agreements are closely reviewed by the courts and the presence of an independent counsel for each party indicates that the contract is fair and that both parties have entered into the agreement in good faith and with appropriate legal representation. Having separate lawyers also helps to avoid any misunderstandings or misunderstandings that may occur during the design process, and to ensure that you are both satisfied and satisfied with the final agreement. Now that you have a better idea of whether a marital agreement suits you or not, it`s time to delve a little deeper and learn what can and cannot be included in your pre-marital contract. Here too, many people mistakenly think of marital agreements as a weapon that can be used in divorce proceedings. But there are strict rules on what may or may not be included in a pre-marital contract, and non-compliance with these rules can lead to the contract being concluded if challenged in court. Those who discredit marital agreements as a means of selfishly protecting your own wealth may not be aware that this type of agreement also financially supports children in the spouse`s previous relationships. If you have children with other people or previous relationships, you can make sure that they inherit some or all of your real estate by putting them in marital agreement. In other words, it means that you can prevent accidental heredation by clearly indicating how your estate should be distributed. Without Prenup, creditors can sue marital property while only one spouse is the debtor.
To avoid this, limit your debt liability in a marital agreement. A marital agreement, or simply a prenup, has been the subject of much heated debate. People have crossed swords on this subject both in public, and even more (understandable) in private. Why get married, some say, when you are already setting up the set for failure by showing distrust of your partner? Others say that while they don`t doubt their love and success in the relationship, even a single song never hurts to prepare for the worst-case scenario. A prenup may not contain any questions of child care or child care. The court has the final say in calculating custody of the children. The court determines custody of the children on the basis of a « Best Interest of the Child » standard, which is involved in several factors. A court would never maintain a provision of a marital agreement on derinemonto, child care or visitation, as these are matters of public policy. The court retains the power to decide what is in the best interests of the child and does not deny a child the right to financial assistance or the opportunity to have a relationship with a healthy parent. « People are sentimental; It is normal for family pieces to be written in marital agreements and for many divorces to stagnate as to who receives the family photo albums , » said Sodoma. Without such clauses in a marriage pact, it may even be necessary for each family video and photo to be duplicated at the expense of one of the parties. The following list explains the areas where your lawyer can apply as part of a marriage agreement. The experienced Atlanta Penup lawyers at Kessler – Solomiany, LLC are ready to answer any questions you may have about these provisions.
Couples considering marriage may also use a preliminary contract to decide what happens to the property they receive during the marriage if they decide to end their relationship. We spoke to Nicole Sodoma, Executive Director of Sodoma Law, to find out what many do not know, that they can be admitted in a prenupe , but probably the case.