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A premarital agreement (formally called a prenuptial agreement) is a signed document created by both prospective spouses that clearly lists and defines the properties and assets owned by each spouse, and identifies how such assets will be owned and managed during the marriage. It also defines how assets and property will be divided and managed should a marriage dissolve. Premarital agreements are meant to help protect each person's assets in case of future financial disagreements or arguments due to divorce, separation, or death.
Without a premarital agreement, state law will be applied to cases of divorce and separation. This typically means litigation, which can be costly and emotionally tiring. It will then be up to the court to decide which spouse gets which assets and properties after the divorce. This may be a drastically unfair decision if one spouse clearly owned or earned more financial assets than the other. Premarital agreements prevent these conflicts and offer security for each spouse. They can result in a more honest and trusting marriage, with clear communication and a mutual respect.
Experienced family law attorneys can help you and your soon-to-be-spouse draft a fair and clear premarital agreement. Such attorneys understand the state laws surrounding premarital agreements and divorce litigations. A family attorney can help both parties come to a mutual understanding and clear communication when creating their premarital agreement. Similarly, if disagreements arise about a premarital agreement or if financial disagreements arise because a couple did not sign a premarital agreement, a skilled family law attorney can help solve these arguments and alleviate the disputes amicably.
If you want to avoid future disputes by drafting a premarital agreement or are facing a dispute about the division of your property, contact Attorney Search Network. We can help you find a local family law lawyer who can assist you with premarital agreements.
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