Planning a prenup well helps it hold up in a divorce

| May 25, 2015 | Uncategorized

When a person with money, a house, or other wealth marries, it makes perfect sense to secure a premarital contract, commonly called a prenuptial agreement. After all, the person doesn’t want to have everything they value wind up owned by the one they marry if divorce occurs. Still, as with all financial planning, it is key to approach the matter intelligently. You want it to hold up in court if the time comes to execute it.

One aspect of handling a prenup intelligently is to diffuse any tension by simply saying that your financial advisor said that you should do it. That way it becomes a purely practical thing, and your prospective wife or husband is less likely to hold it against you. With that established, you can get to the details of the contract.

Another aspect is ensuring that there is full financial disclosure. You have to be honest about all of your assets. Otherwise, the legal standing of the entire contract could be in jeopardy. Also, both parties should have their own attorneys.

You should make sure to plan ahead. There are two reasons for this. First, you want to ensure that there is time to work out all of the details. Second, you should establish that neither party signed the contract under duress, which might appear to be the case if it was done too close to the wedding.

By taking these factors into account, you have a higher probability of the prenup being upheld in the event of a divorce. When you know that to be the case, you can be much more comfortable going forward with the marriage. If you do wind up getting a divorce, the Law Office of Cynthia L Lazar can help you to work to be sure that everything is in order, including any prenup you have.

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