Prenuptial Agreements Set Out a Financial Inventory
According to the Equality in Marriage Institute, the couple should review the following key areas:
Some lawyers advise prenuptial agreements in the case of second (or third) marriages between older spouses who have children to whom they wish to leave an estate. Very often, one of the spouses (usually the man) may be older than his new wife, who is virtually certain to outlive him.
In the case of wealthy people, prenuptial agreements join estate planning in the establishment of marital-family trusts used to shelter assets from estate (federal) taxes.
Prenuptial agreements can also be used to provide economic reinforcement to dimensions of the marriage that are not directly economic. For example, a wife may insist that role as stay-at-home mother merits compensation through spousal support for the interruption in her career. However, prenuptial agreements cannot deal with any of the following: custody of the children (including the children’s religion and schooling), visitation, child support, anything illegal (which is true of all contracts); anything "unconscionable"; or anything encouraging divorce.
In general, prenuptial agreements that are "fair and reasonable" will be enforced. Generally, the longer a marriage lasts the harder it becomes to enforce a prenuptial agreement, often because the spouses, like all married couples, taint their assets by commingling them. Couples often do this by accident or design when, for example, a man puts his money in their account and thereby makes it marital property.
Moreover, even with a prenuptial agreement, a husband normally makes some reasonable provision for his second wife in the event of his death because he is not free to leave her penniless and destitute by virtue of a prenuptial agreement in favor of his adult children from a previous marriage.
Useful Online Tools
Resources & Tools
SERVICE OF THE PETITION – Oftentimes, a third party, such as a sheriff’s office, accomplishes legal service of the petition or complaint.
Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Men's Rights Manual for Divorce
Women's Rights Manual for Divorce
The Limits of Discovery During Divorc
|Your Right to Child Custody, Visitation & Support
Cover Price: $
Your Price: $17.95
You Save: $7.00
"A Plain English Guide to Protecting Your Children"
Author: Mary L. Boland, Attorney at Law
|The information contained on this page is not to be considered legal advice. This website is not a substitute for a lawyer and a lawyer should always be consulted in regards to any legal matters. Divorce Source, Inc. is also not a referral service and does not endorse or recommend any third party individuals, companies, and/or services. Divorce Source, Inc. has made no judgment as to the qualifications, expertise or credentials of any participating professionals. Read our Terms & Conditions.|