Why you need an attorney when creating a prenup
Prenuptial agreements can facilitate important discussions for engaged couples that can outline many of their day-to-day actions and decisions.
For some people in Arkansas, the thought of creating a prenuptial agreement is anything but romantic. It even seems to go against the concept of marriage in a way. However, Forbes points out that in reality, every couple has a prenuptial agreement. For people who do not create a specific contract, there is divorce law that will largely determine how any potential divorce is handled. The act of developing a specific prenup actually puts more power in the hands of couples to make decisions their way.
However, not all prenups are created equal . Those not developed properly can end up being null and useless when ultimately needed. Working with an attorney who knows what is required to develop a solid marital contract the best way to avoid this from happening.
Avoiding unreasonable clauses
A prenuptial agreement should never be used as a way for one partner to control the other. Forbes explains that the inclusion of clauses that could be considered unreasonable can put a contract’s validity in jeopardy. An example is a stipulation that requires one person to maintain a certain weight throughout the marriage. An attorney will be able to steer people away from these types of clauses.
Detailing financial matters
Making a list of who brings what assets to the marital table is only one step in the process of preparing for a financial life together. The American Bar Association recommends that partners discuss in depth what assets or debts are to remain separate and how that separateness will be managed. Couples should also identify how they will address any future assets or debts acquired during the marriage. A lawyer can help to guide these discussions to ensure full disclosure is provided and a detailed approach to future money management has been taken.
Evaluating social situations
ABC News explains that many couples today are including clauses in prenuptial agreements that outline what is or is not acceptable by partners on social media. Negative posts may even have professional ramifications. A lawyer can help provide guidance on the need for any social media clause and how best to structure it.
Following proper procedure
An attorney can help couples avoid common mistakes like not having a prenup in writing or creating it too close to a wedding date. In addition, it is important for each person to have individual legal representation. This ensures that each partner’s interests were equally represented and considered in the development of the final agreement.
Arkansas residents looking ahead to a life together should talk to a lawyer as early in their wedding planning process as possible.