Everyone expects the long-lasting marriage. Everyone who is in love will think this way. As time goes by, some people realize if their choice is wrong. They want to end the marriage, but they should face the consequences, including the financial aspect. Therefore, the prenuptial agreement is needed to protect both parties from disputes after divorce.
The prenuptial agreement is a written document that outlines a contract between two people who are going to get married. This document outlines the property of each party, and it also includes debt. Generally, the agreement in this document states they will not share property rights after marriage and divorce.
In some countries, this agreement is also called the “antenuptial agreement” or the “premarital agreement.” This document is created before marriage that both parties agree with the terms discussed. Meanwhile, for a contract that is made during the marriage is called the “postnuptial,” “marital” and “postmarital” agreement. You can learn the prenuptial agreement samples on our page and download the form for free.
Who needs the prenuptial agreement?
This use of this agreement is increasing day by day. This is not only for the rich but also for regular people. Some people with wealthy fiance or modest couples use this agreement for specific purposes. Even though this sounds ugly, but this is beneficial. You can gain these benefits if you draft the agreement:
- Suitable for marrying someone who has kids – Mostly, if a couple with one of them are raising, kids will use the prenup to outline what will be done after they die or separated. Most people use this so they can still pass the property to another person, not just the children. Without using this prenup, then the surviving spouse will get a enormous portion.
- Financial rights – Without or with kids, wealthy or not, etc., they always have economic rights and responsibilities from the spouse during marriage.
- Arguments during the divorce process – During the divorce process, there will be potential arguments such as how the property will be shared.
- Protection from debts – So, in a marriage, the bad, the good, and the worst thing will be bear by both of them. Theoretically. But when you are filing a divorce, such situation will force you to do it for your spouse if you don’t have the prenup. But if you create the document before getting married, you will likely be more secure than your spouse’s debt. You don’t have the responsibilities to pay your surviving spouse’s debt. Most people who are separating are required to pay the debt during the marriage, no matter what’s the reason.
How To Make A Valid Prenuptial Agreement?
Luckily, today the law is friendlier even though some people in specific cases find it unfair. However, because the courts still see this case carefully, make sure you make an explicit agreement that doesn’t lead to confusion. You can hire an attorney to help you draft it, or you can also use our prenuptial agreement templates for free and then additional clauses there. Besides, make sure it fits with your local laws.