If you are getting married, discuss and negotiate the possible terms now. Get it in writing. It is much easier now to agree to compromise and promises, what you will do while in such a positive attitude.
Since 50% of marriage end in a divorce. It isn’t ridiculous to address that issue. If in the end, it is useless, at least you might have learned more about your spouse in the process.
Why would you want a prenuptial agreement
- Protect one spouse’s assets;
- Protect a spouse from assuming the debts of the other;
- Clarify financial rights and responsibilities during a marriage;
- protect rights of children from a previous marriage;
- to protect your business partners from the involvement of your spouse upon divorce;
- to have a written agreement that you give up a lucrative career for the marriage or to raise children. The agreement can indicate if a compensation will or will not be required in case of a divorce.
- Avoid long, costly disputes in case of divorce;
What to agree to
You should discuss how you think you will proceed if it is on amicable terms. You should also review what would the issues if you are fighting each other. You can also decide what you would agree to if there are children.
A prenuptial agreement usually includes:
- division of property
- Distribution of debts.
Many states will limit the agreement to the property and financial issues. Child custody, support and alimony might be only approved after revision by a court.
It is also used to limit or exclude some properties, a company ownership rights and other agreed terms. It can cover and limit alimony (must be acceptable in your state). It can address special cases like adultery, mental health issues, death, etc.
You can prepare the agreement yourself and follow the process to make sure it is a legal document. It is recommended to involve a marriage mediator or divorce lawyer. You will have a much better agreement if it is prepared with the help of expert.
You can use the following search box to find a divorce mediator near you.
Example of search:
- ¨Marriage mediator near postal code 10036¨
- ¨Divorce mediator near Brooklyn¨