what type of attorney do you need for a prenup

Just like doctors, there are many kinds of attorneys and they all specialize in different fields. You want to get an attorney who specializes in family law. You also want to get your prenuptial agreement done right after you propose.

Full Answer

Why you should never sign a prenup?

Why and when you should consider a prenup after marriage?

Should you get a prenup?

Dec 16, 2021 · Hiring a prenup lawyer makes this process easier for you since lawyers can ensure that all of the procedural requirements are met. Drafting a Prenup. Before meeting with a prenup lawyer, couples should have a clear understanding of what to include in the agreement. Creating an outline of the terms is an effective way to create a fair agreement. Each party should also …

How much does a prenup cost?

May 07, 2020 · If you want your agreement to remain valid, it's wise to hire two, independent attorneys to help you and your spouse draft the ideal document. As with all legal matters, you cannot use the same attorney to represent both of you in negotiating and drafting a prenup. Moreover, do you need a lawyer to write a prenup? You don't have to visit an attorney to draft a …

How much does it cost to write a prenup?

What do I need for a prenup?

Can you write a prenup yourself?

How do you legally bind a prenup?

How can I protect my assets without a prenup?

What should a woman ask for in a prenup?

What Cannot be included in a prenup?

How long before a wedding should a prenup be signed?

How much does a postnup cost?

Can a prenup really protect you?

Do prenups hold up in court?

What makes a prenup valid?

Why You Need Help from Lawyers

There are good reasons why seeking legal advice when making a prenup is advantageous. In fact, each party to the prenup should get help from a diff...

Decide What You Want Before Seeing A Lawyer

That said, it's best not to ask your lawyers to start writing up a draft or final agreement until the two of you have settled on its essential term...

If You Want to Draft Your Own Agreement

You can use Nolo's book, Prenuptial Agreements: How to Write a Fair & Lasting Contract, by Katherine E. Stoner and Shae Irving, to draft your own p...

What is a good prenup lawyer?

Hiring a Prenup Lawyer. A good lawyer -- well, two lawyers, actually -- will ensure that a prenup fits everyone's needs and stands up to any legal challenges. The law considers marriage a contract between two people.

What to do if you are considering a prenuptial agreement?

Making sure it's a valid agreement is also extremely important. Protect your best interests by having a family law attorney review your prenuptial agreement and provide sound advice.

What is a prenuptial agreement?

A prenuptial agreement, also called a premarital agreement, or a prenup for short, allows a couple to set the terms of the property rights for their marriage, among other things. However, there are often a number of requirements that must be met for a prenuptial agreement to be binding.

What is a prenup?

A prenup can define whether an asset is the separate property of one spouse or whether the asset is part of the marital estate. Providing for children from prior relationships. A prenup can ensure that the children from previous relationships inherit certain property from a deceased parent.

What to include in a prenup agreement?

Before meeting with a prenup lawyer, a couple should have a clear understanding of what to include in the agreement. Creating an outline of the terms is an effective way to create a fair agreement. Each party should also fully report their income and assets, which will satisfy the requirement that each party made full disclosure of their finances.

Can a court enforce a non-monetary prenup?

Provisions that involve nonmonetary matters: A court will not enforce a nonmonetary condition and may even set aside the entire prenup if it includes conditions such as the division of chores or how many children to have.

Can a lawyer include a prenup?

An experienced lawyer has knowledge of the type of terms prohibited from inclusion in a prenup. Although every state has different laws, a prenup typically cannot include:

Why do we need a prenup?

Get protection from debts. Prenups can also be used to protect spouses from each other's debts, and they may address a multitude of other issues as well. (For more details, see Nolo's article Prenuptial Agreements -- What the Law Allows .)

What is a prenup?

A prenuptial agreement ("prenup" for short) is a written contract created by two people before they are married. A prenup typically lists all of the property each person owns (as well as any debts) and specifies what each person's property rights will be after the marriage.

What is the right of a spouse to share property?

For example, in the absence of a prenup stating otherwise, a spouse usually has the right to: share ownership of property acquired during marriage, with the expectation that the property will be divided between the spouses in the event of a divorce or at death.

What happens if you don't make a prenup?

If you don't make a prenuptial agreement, your state's laws determine who owns the property that you acquire during your marriage, as well as what happens to that property at divorce or death. (Property acquired during your marriage is known as either marital or community property, depending on your state.)

What is a post-nuptial agreement?

Sometimes the word "contract" is substituted for "agreement," as in "prenuptial contract.". An agreement made during marriage, rather than before, is known as a "postnuptial," "postmarital," or "marital" agreement.

Do states allow prenups?

Today, every state permits them, although a prenup that is judged unfair or otherwise fails to meet state requirements will still be set aside.

Do you have to write up a prenup?

However, because courts still look carefully at prenups, it is important that you negotiate and write up your agreement in a way that is clear, understandable, and legally sound. If you draft your own agreement, which we recommend, you'll want to have separate lawyers review it and at least briefly advise you about it -- otherwise a court is much more likely to question its validity. (For more information, see Nolo's article Prenuptial Agreement Lawyers: Do You Need One?)

Does My Attorney Answer My Call or Return My Email or Text Within 48 Hours?

There should be no reason why they can’t. Attorneys are normal people just like us, so do not be afraid to reach out to your attorney with questions. It’s their job to be there for you.

Does My Attorney Take the Time With Me on the Phone and in Person?

Currently the world has adapted to working remotely from home and doing business over the phone and internet. You should be able to complete the whole process over the phone and by fax or email until it’s time to sign documents, just like a home refinance or purchase. Your attorney has an obligation to take the time with you.

How Do I Find a Prenup Lawyer?

You want to consult two or more attorneys. You can look online or ask a friend. Prenupman.com puts you in contact with two attorneys in your state who specialize in this scope of law. Almost everything can be done by phone and email these days. You can go into the office as well.

Does My Attorney Make Me Feel Comfortable?

Feeling comfortable with your attorney is essential. There should not be anything hidden and you want to get along with your attorney. If they do not make you feel comfortable, you should keep searching.

Can My Attorney Do Everything Over the Phone and Email, Like Refinancing a Home?

Yes. Now that when working remote from home and shopping online or getting food or groceries delivered to your home is the new norm, the experience of getting a prenuptial agreement is too. Prenupman.com is an optimizing process for you to meet attorneys. Our motto is: May the best attorney win!

Is it Best to Use an Attorney From My City, County or State?

It’s best to use an attorney who has experience and is licensed in your state. You don’t want to cut corners, because if you do, the prenuptial agreement may not hold up in court if contested. It’s important to choose the right attorney and make sure that your prenuptial agreement is legally binding.

What Kind of Attorneys Write Prenuptial Agreements?

Attorneys that work in the scope of family law. Just like doctors, there are many kinds of attorneys and they all specialize in different fields. You want to get an attorney who specializes in family law. You also want to get your prenuptial agreement done right after you propose.

Should I Get a Prenup?

A prenuptial agreement is an official and legal document that outlines the terms of a couple’s relationship. It defines the financial rights and responsibilities of each party. This way, if something goes wrong, you won’t end up in court fighting over money.

Getting Married Might Help Protect Your Assets

While a prenup alone won’t guarantee that you won’t lose everything when you file for divorce, it will ensure that your assets stay safe until you settle.

Is a Prenup Right for Me?

Your best task is to find an experienced lawyer who knows the ins and outs of prenups. Although you can certainly learn about them online, you’ll get more information if you speak to someone who has experience drafting them.

When Should I Get a Pregnancy Agreement?

After deciding whether to marry, you’ll have to decide how much time you want to spend planning your wedding. If you plan to have children soon, you should consider getting a pregnancy agreement.

How to do a Prenuptial without Lawyer

Now that you know what a prenup is, you can start gathering all the facts about your situation. Once you have a better knowledge of your current financial situation, you’ll be able to weigh your options.

Frequently Asked Questions

In some cases, yes! The best way to prepare a prenuptial agreement would be to consult a qualified legal professional. An attorney will advise you on how you can draft a legally binding agreement that protects your rights and interests.

Conclusion

To sum up, prenup agreements are designed to help couples resolve disputes over property and finances before tying the knot. They are used to protect one spouse from taking advantage of during divorce proceedings. If you’re interested in creating such an agreement, talk to an experienced attorney.

What is a prenup?

A prenup is really about financial assets and concerns, like how significant assets would be handled in the event of divorce proceedings. It’s not a marital agreement about who will do the laundry or wash the dishes. However, a premarital agreement can be used as a tool for married couples to discuss financial issues, like deciding which future spouse will handle certain responsibilities. A prenuptial agreement cannot spell out what will happen in terms of child custody, but it can spell out what will happen in regards to spousal support in the event of divorce proceedings.

What happens if you have a prenup?

If you own a business, a prenup is a great way to make sure that your business stays your business, unless of course you’d like to share it with your partner—in which case the prenup will clarify what happens in the event of divorce.

Why are prenups bad?

Prenups tend to have a bad reputation because people assume that getting a prenup means you think your soon-to-be marriage won’t last. The philosophy and theology of such a topic is beyond the scope of this paper, but on a practical level you might compare it to life insurance or car insurance. Nobody thinks they’re going to die before their time and need life insurance. Nobody thinks that getting car insurance means that they’ll get into an accident. These are just mechanisms put in place to activate an action plan after an unfortunate event. A prenup is the same thing.

What is a prenuptial agreement?

A prenuptial agreement, also called an antenuptial agreement, is a contract between two individuals who intend to get married, and it discusses how their mutual assets will be partitioned in the event of death or divorce.

Can you use a prenup to discuss inheritance?

However, you can use the prenup to discuss children from a prior marriage and their inheritance. Without specifying what happens, the state’s inheritance laws and the probate process might prevent your intended heirs from getting what you’d like, as your surviving spouse will have the strongest claim to your property after death and may choose to partition it among their own children from a previous relationship or even the children the two of you had together over the course of your marriage. This is why a prenup can also be a great estate planning tool.

Do prenups have to be dedicated to divorce?

As mentioned in the stock investment section, prenups don’t have to be entirely dedicated to how you will deal with the unfortunate event of a divorce. A prenup can also spell out roles and responsibilities each person will be expected to adhere to during marriage, such as who will file taxes, pay the bills, work, and manage the finances.

Is a prenuptial agreement binding?

Rather, it’s called a postnuptial agreement, and it is still legally binding.

What is a prenup?

A prenup can establish what should be left to your children, and also make sure that previous and current family members have a financial plan in the case of death. "People still should have wills, but prenups can provide those intentions from both parties during marriage," Schpoont says.

What is a prenuptial agreement?

Simply put, a prenuptial agreement (also known as a premarital agreement or antenuptial agreement) is a contract that a couple signs before getting married to figure out their finances in case of a divorce.

What is spousal support?

You Set the Terms for Spousal Support. Spousal support (also known as alimony) is something many couples fight about during divorce proceedings. A prenup can nip this argument in the bud by letting you set the terms of spousal support at the beginning of your marriage.

What happens if you bring assets into a new marriage?

If you're bringing certain assets into a new marriage, like child support and multiple properties, you may want to ensure they don't get tangled in any other finances. 2. You or your spouse has children.

Is a prenup good for a wedding?

Some couples meet and get married quickly, so a prenup is good if you don't know each other that well. Other couples don't want to talk about it while wedding planning and instead sign a postnuptial agreement after the marriage is legalized. (You can get a postnup anytime after you get married or make amendments to your prenup after ...

Can a prenuptial agreement save you money?

Nothing is guaranteed, not even your marriage. If, one day, your marriage ends, a prenuptial agreement can save you a substantial amount of money, frustration and stress. We've all heard the horror stories of couples who wage their divorce battle in court, paying endless attorney fees and legal costs and dragging out the process for years. With a signed and valid prenup in your pocket, you can quickly and easily divide your assets and move on with your life.

Do you have to be fair to accept a prenup?

Your Prenup Needs to Be Fair. Just because you create a prenup doesn't mean you can set any standards that you wish. For example, you can't award yourself all of your marital assets in the event of a divorce. For a judge to accept your prenup, it must be clear, legally sound and fair.

What kind of services do lawyers provide?

Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases. Some lawyers specialize in one or two types, such as family and divorce law.

Why do you need a lawyer for a contract?

Even in transactional civil matters, such as drafting a contract, a lawyer can be very helpful. A lawyer can make sure contracts are drafted correctly and avoid problems at a later date. A real estate purchase, business purchase, and/or creation of a trademark or copyright will most likely involve a lawyer.

What is a lawyer?

A lawyer is an individual who is licensed to practice law in a state. Lawyers are also known as attorneys or an attorney at law. Some lawyers are licensed in multiple states. Some lawyers are admitted to practice at the Federal level as well.

Why is it important to have a family lawyer?

It is important in divorce cases for an individual to have a family lawyer representing them to ensure their rights are protected.

What happens if you can't afford a criminal lawyer?

It is important to remember that, in most cases, when an individual cannot afford a criminal lawyer, the court will appoint one to represent them. It is also important to keep in mind that if an individual is sentenced to jail time, they will not be able to earn an income and may lose a job.

Who is Jennifer from LegalMatch?

Jennifer joined LegalMatch in 2020 as a Legal Writer. She holds a J.D. from Cumberland School of Law and has been a member of the Alabama State Bar since 2012. She is a certified mediator and guardian ad litem. She holds a B.A. in Criminology and Criminal Justice and a B.A. in Spanish, both from Auburn University. Jennifer’s favorite part of legal work is research and writing. Jennifer enjoyed being a Law Clerk for a distinguished Circuit Judge in Alabama. She is a stay-at-home mom and homeschool teacher of three children. She enjoys reading and long evening walks with her ...

Can a lawyer work in a law firm?

Lawyers can work in a law firm with other lawyers, with a partner, or practice by themselves in a solo practice. In most cases, a lawyer will be chosen based on the type of case, or practice area, and the location of the case. Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases.