When are prenuptial agreements valid?

Prenuptial agreements will be valid if properly prepared according to the laws of your state. Two parties create a prenuptial agreement on any terms that they wish, and the court will enforce it as long as the agreement is not an illegal one and is not against public policy. A prenuptial agreement is simply a contract made in consideration of marriage, and the courts are thus going to enforce it if it is fair and you follow the rules when making it.

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Drafting a Prenuptial Agreement

While you may be able to find standard form contracts that help you to create prenuptial agreements, generally using such a standard form prenup is not a wise idea. Prenuptial agreements are often challenged later in court, and they must meet a number of different criteria in order to be legally valid.

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Do I need an attorney to make a prenuptial agreement?

Creating prenuptial agreements without attorneys is possible, but not advisable. There are a number of legal requirements for a prenuptial agreement, or prenup, and such agreements are often challenged in court in the event of a divorce. As such, it is a good idea to hire a prenuptial agreement lawyer and do things right from the beginning so your rights are protected later.

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What are the key elements necessary for a valid prenuptial agreement?

The rules for prennuptial agreements vary by state. In general, however, a prenuptial agreement is a contract and all laws for the creation of a contract must be abided by. Further, because it is a contract made in consideration of marriage, it must also be in writing and signed by both parties. There are some additional requirements as well in most jurisdictions that you should be aware of if you wish to create a premarital agreement that will hold up in court in the event you ever divorce.

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What are living together agreements?

A living together agreement, or cohabitation agreement, is drafted by couples that live together, but who are not married. In order to be valid, both parties to living together contracts must have equal bargaining power, and disclose all relevant financial information. If properly created, a living together agreement can take the place of form laws and inform the court of the couple’s intent, ensuring assets are divided and passed correctly.

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Can a prenuptial agreement cover custody child support?

While you may be able to include some details about child custody and support in a prenuptial agreement, the court generally will not enforce any such details if the prenup is against public policy or if the court believes it is not in the best interests of the child to enforce them.

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Challenging a prenuptial agreement

Any agreement between two parties can be contested at any time, and prenuptial agreements are no exception. Pre-nuptial agreements, or premarital agreements. specify how assets, money, and property will be divided in the case of a divorce. Sometimes the specific amounts can be adjusted and other times the entire prenuptial agreement can be invalidated.

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How much does a pre-marital agreement cost?

Setting up a premarital contract means that a couple chooses to sign a legal document stating who will get what in the event of a divorce. The cost of creating and legalizing such a contract will vary depending on how you do it, but you can generally expect to pay a small lawyer’s fee and perhaps a fee for notarization or other methods of making the document official.

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What are post-nuptial agreements?

A Post-nuptial agreement is drafted after the marriage has taken place, but before either party separates, divorces, leaves, or dies. A post-marital agreement contains provisions separating property and assets similar to those commonly found in premarital contracts. Before negotiating or signing a post-nuptial agreement, each spouse should seek the advice of a separate attorney.

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