what to ask a pre-nup attorney

Full Answer

What should I look for when hiring a prenup lawyer?

When looking for hiring a prenup lawyer, it is important to not only look for someone who is both skilled in understanding the nuances of family law but also someone who understands contract law. The former reason is since a prenuptial agreement is a legal creation of the family law in that it defines the rights and obligations of a married couple.

How can I get Out of a prenup without a lawyer?

“That’s one of the classic ways to get out of a prenup—by claiming you did not have an opportunity to consult with your own attorney,” Carrozza says. For a prenup to be legal, some states require that each of you to retain your own lawyer, and pay your own legal fees.

Why do you need a prenuptial agreement lawyer?

The latter reason rests in the fact that a prenuptial agreement is a contract that must be interpreted and enforced if necessary. Therefore, the best prenuptial agreement lawyers are skilled in both family and contract law. The first and foremost question that arises is – How to find a prenup lawyer?

Do I need a prenup or a postnup?

The most common reason for a postnup is to protect the inheritance of the kids you’ve had together. If you were to get divorced or pass away, the postnup could specify that your ex or surviving spouse get a prenup before remarrying.

What is reasonable to ask for in a prenup?

A fair prenup should respectfully safeguard and shield the assets of both parties. To achieve this, there must be a full and complete disclosure of all assets, debts, and liabilities when the contract is drafted. This includes all investments, real estate, and financial obligations.

What do you say before a prenup?

Before raising prenup, consider broaching other topics like how to save for retirement, how to fund emergency savings and what would happen to any future inheritances. Remember that even if you both have very little now, things could always change.

What can you negotiate with a prenup?

Otherwise, terms that you can negotiate within the prenup include a guaranteed sum of the household operating expenses, payment of attorney's fees in the case of a divorce, reasonable expenses during said divorce, and your alimony payments.

What assets should be included in a prenup?

What Should be Included in a Prenuptial AgreementPremarital assets and debts. ... Children from previous marriage. ... Marital assets and debts. ... Marital responsibilities. ... Work. ... Family property. ... Property division in divorce.

Should I be offended by a prenup?

What You're Feeling is Normal. Before discussing how you should respond to a request for a prenup, it's a good idea for you to understand that your initial feelings – whatever they are – are completely normal. It's okay to feel hurt, mad, upset, angry, or disappointed.

How long before a wedding should a prenup be signed?

28 days11. How long before a wedding should a prenup be signed? A prenuptial agreement should be signed at least 28 days before the marriage with all assets and property owned by both parties disclosed.

What is an unfair prenup?

If the terms of the prenup are blatantly unfair, a court may decide that no reasonable person would find any reason for you to have signed it. Unforeseen changes in circumstance may also render a contract unconscionable. This is a largely subjective argument. Signed under duress.

Do prenups ruin relationships?

Pitfall 1: Negotiating a prenuptial agreement may irrevocably damage your relationship and make divorce more likely. In the context of a prenup, there is usually an "initiator" spouse (the one who wants the prenup) and a "compliant" spouse (the spouse that is being asked to agree to the terms of a prenup).

What percent of marriages with prenups end in divorce?

Get this: only 11% of couples think that their marriage has a chance of ending in divorce, and only 5% of couples actually have a prenup in place when they divorce. In a national survey, it was discovered that 1 in 4 spouses had thought about divorce in the last 6 months.

What items are not necessary to include in a prenup?

A prenup can't include personal preferences, such as who has what chores, where to spend the holidays, whose name to use, details about child rearing, or what relationship to have with certain relatives. Prenuptial agreements are designed to address financially based issues.

Can you put debt in a prenup?

A debt clause in a prenup can protect you both from debt created by the other. That means you would not be held liable after a divorce for debt created during your marriage by your spouse and he or she would not be liable for debt created by you. It's an issue to think about and discuss with a family law attorney.

Is a prenup valid after 10 years?

Generally, the answer is that there is no expiration date. You'll need to show the prenup is invalid for reasons other than the length of the marriage. You'll need an experienced family lawyer who aggressively fights to protect your marital property interests and fights for alimony, child custody, and child support.

What to do if you have children?

If you have children or other financial commitments from prior relationships, help your future spouse understand that you have existing financial obligations and you will honor them just as you are making commitments to your new spouse.

Can a prenup strengthen a marriage?

Usually, over time, even the most hesitant spouse will come to see the benefits of a pre-nup. In a lot of ways, it’s like an insurance policy. No one wants a marriage to end, but should it happen, you will be glad you planned for it in a pre-nuptial agreement.

How to ask for a prenup without causing a breakup

When you’re deeply in love with someone and get engaged, it can feel like a slap in the face to be asked for a prenuptial agreement. If you’re going to ask for a prenup, you need to carefully plan out your approach.

How to Ask for a Prenup

If you aren’t careful when you ask for a prenup, it may feel like you’re predicting a divorce. No significant other wants to think that you have a doom and gloom outlook on a marriage that hasn’t even happened yet. However, being honest and communicating clearly can lay the foundation for a very successful marriage.

Benefits of a Prenuptial Agreement

Your conversation about a prenuptial agreement should include the advantages for both you and your partner. Share some of the benefits, including:

Get Help with a Difficult Conversation

It may not feel romantic to ask for a prenup, but it does show your commitment to the relationship. It may be useful to prepare your thoughts and enlist the help of a professional to walk you and your partner through the process. If you want to learn more about creating a prenup before your wedding day, contact Ogborne Law today.

What is a prenup?

It’s a casual term for “prenuptial agreement” or an agreement you execute before getting married. In legal terms, “the most common purpose for a prenup is to determine who gets what in the event of a divorce,” Carrozza says.

How much does it cost to get a prenup?

According to Carrozza, if your finances are straightforward, you can expect to pay between $1,200 and $2,400 total.

Why do people postnup?

The most common reason for a postnup is to protect the inheritance of the kids you’ve had together.

What happens if you don't have a prenup?

If you get divorced, and you don’t have a prenup, state law may determine who receives which marital property—like money, the house, the car, etc. But if you have a prenup, the division of assets can be tailored to your specific situation, as agreed upon beforehand. It can make the divorce process go much smoother and faster—and hopefully save you money in the process.

Can a prenup help with finances?

But a prenup can also help you hash through financial decisions for a happy marriage, like how to divide living expenses. Some prenups even have little hammers for infidelity or weight gain. (Take, for example, actress Jessica Biel’s cheating fee in her prenup with Justin Timberlake.) One thing you can’t specify: child custody, which would not be upheld.

Can a fiancé sign a prenup?

A prenup is difficult to enforce unless you have your own attorney write it. So your fiancé can’t just hand you a legal document, and ask you to sign it. “That’s one of the classic ways to get out of a prenup—by claiming you did not have an opportunity to consult with your own attorney,” Carrozza says.

Can you create a new prenup?

Sure—as long as you both agree to it. You’d just revoke the previous agreement, and create a new one. Even better, you can create your original prenup with a timer feature. “A lot of couples draft prenups that disintegrate on their own after, say after 10 years,” Carrozza says. Once this happens, the couple should then revisit the conditions of the prenup.