When it comes to getting a divorce, a prenup is one of the most important documents in your divorce proceedings. A prenup is essentially an agreement between you and your spouse, where you agree on all of the details of your relationship before marriage or at least has been agreed upon. This is oftentimes an agreement regarding religion, child custody/visitation, and other issues. A prenup also lets your partner know what type of future he can expect from you and your relationship. The prenup can be very beneficial in the long run, so you should definitely include it when you get married.
The state requires that the person writing the prenup is 18 years old or older
You can get prenuptial agreements printed on paper and mailed out to each of the participants in the prenup, which means that your lawyer can put it right on the front of the contract. This gives you, as the husband or wife, an extra layer of protection, especially if you have a good attorney working on your behalf. It is also a lot less expensive than printing out multiple contracts.
What happens during a prenup is that both you and your spouse must write up a contract for when the wedding will take place, which is called a “springing contract.” This document should be signed by both parties and states that the marriage is now officially open. Once this is done, your attorney will file a lawsuit to show that your marriage was legally performed under the state laws. This paperwork is usually filed with the clerk of court in your county or state. It is not necessary to have the lawsuit appear in a public court if you do not wish to. Many courts are happy to put it in a hidden file so that the spouses do not have to keep calling everyone on their list.
a prenup is only a contract if both parties agree to it
If one of you decides not to sign the contract, then it is not legally valid. On the other hand, if you do sign it and you later wish to get a divorce, you and your spouse would still be legally married. The prenup might be considered valid for some time after the wedding, but this would depend on the state laws. For example, a prenup might become valid if you and your soon-to-be ex-spouse live in a state that does not require a divorce to be legal.
you hire the right attorney to draw up the contract
Although prenuptial agreements are becoming more common, the courts tend to frown upon them because they are viewed as an attempt to manipulate the marriage. However, there is nothing illegal about the document if you do it correctly and between both people. Just make sure that you hire the right attorney to draw up the contract.
special circumstances where prenups may help your divorce case
If you have children from a previous marriage, then a prenup might save your case if the other spouse does not want custody or visitation rights. Prenups also help when one spouse wants to be sure of a child’s future – another spouse can put the children through private school or university if the former spouse has a college degree. Also, if one spouse is likely to leave the marriage before the other, then a prenup might prevent the court from granting a divorce. In these cases, it is better to try to get along in the future, than to get a divorce in the first place!