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How does one set up a prenuptial agreement?

Updated: 8/20/2019
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There are several ways a person can set up a prenuptial agreement. A prenuptial agreement can be set up with an attorney. The prenuptial agreement must be written and signed by both parties.

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Q: How does one set up a prenuptial agreement?
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Can you get a prenuptial agreement in different State other than your residency?

A prenuptial agreement is between the two individuals and they have their own reasons so they can go to a lawyer in any State to have the prenuptial drawn up.


Does a prenuptial agreement follow you with the second marriage to the same person?

No. A prenuptial agreement is good ONLY for the nuptials (marriage) in the agreement. Once you divorce, the nuptials (marriage) in question have come to an end. Even if you marry the same person a second time, that is considered NEW nuptials (new marriage) and would require a new prenuptial agreement. Or you could marry the person WITHOUT a prenup the second time. It is up to the participants.


What is a prenuptial agreement?

A prenuptial agreement is written prior to marriage. It is an agreement by the people intending to marry about the divisions of property and spousal support if the pair end up deciding to divorce.


How does a retired couple who have lived together for fourteen years determine who owns what?

Some married couples who meet later in life have a prenuptial agreement that what is hers is hers and what is his is his (home left to her/him by her/his former spouse; property; investments, etc.) If you did not have a prenuptial agreement and the two people really loved each other once then what one has the other owns. It is wise to seek professional help by a lawyer and both of you should try to be fair. If you have signed a prenuptial agreement then there is no point in fighting it. Providing there is not a prenuptial agreement mature couples, even though they may be breaking up should sit down and list what each wants when it comes to the home; any properties; investments, etc. As far as material things in the home you should come to amicable agreement without arguing over every little item.


The Importance Of A Prenuptial Agreement?

A prenuptial agreement is a contract signed voluntarily between two parties who intend to marry. In this agreement, special arrangements and specifications are made regarding each party's assets. A prenuptial agreement is used by couples who are entering a marriage and intend to keep their pre-existing assets solely in their possession. Should the couple later choose to divorce, the assets of the parties will be protected from seizure or division by the other. When two people marry and do not have a prenuptial agreement, if a divorce is sought later, the assets are divided equally or as ordered by a judge. If one party had several assets, such as a house, car and land, while the other spouse had no assets, after the divorce ruling, the spouse who previously owned nothing could be awarded one or more of those assets held by the other spouse. To avoid an undesirable division of assets in the event of a divorce, one party may elect to propose a prenuptial agreement. Any signed and written agreement is considered binding, but for the sake of fully protecting assets, the party desiring the agreement should contact an attorney to draw up the legal forms. There are sometimes exclusions and other specifications that must be listed in a prenuptial agreement for certain things that require a solid agreement; without solidity, the agreement may be permeable for the other spouse to manipulate and obtain belongings. Some couples choose to enter into a civil union instead of formal marriage; prenuptial agreements are binding in these unions also. Prenuptial agreements may include specific instructions about most things, but there are several items that are not allowed to be included. Illegal provisions, those that contribute to the event of a divorce and custody of children are all things that are not allowed to be placed in a prenuptial agreement. Some states do allow specifications to be made about alimony in the event of divorce. Contrary to popular belief, wealthy individuals are not the only type who use these agreements. Prenuptial agreements may be used by anyone who feels they have possessions of value that they want to be protected. Considered a preventative measure merely in protecting one's own assets, a prenuptial agreement is not a tool for creating division or harsh feelings. Couples are encouraged to use these agreements before getting married and consulting an attorney to assist in document preparation.


Are prenuptial agreements necessary?

Sometimes when two people marry, one of them is much wealthier than the other. In such cases it may be useful to make a legal agreement concerning the disposition of that wealth in the event of a divorce; it may also be necessary to establish who will inherit it.


What is a prenumpt?

A prenuptial agreement is a contract signed before marriage specifying particular matters about the marriage or in preparation for the marriage to break up. It may specify how property is divided in a divorce, specify where the couple will live, or how much spousal support will be paid. In general they are used when one person in the marriage feels that they have assets that they wish to protect in the event that the marriage fails. It's a contract signed before a marriage, and it determines who will get what in case of an divorce. Withiout a prenuptial agreement a divorce settlement can go to the court instead, which can turn out nasty for the one of the spouses that had most money before they married.


Prenuptial Agreement Inclusions?

Getting married has never been a simple affair, with the numerous details that the couple is required to remember, and some details must be left up to others, due to the enormity of the task of planning and pulling off what everyone expects to be the most important day of their life. In addition to all of the aesthetics and religious aspects of the wedding, legal aspects of marriage have gotten to be a more prevalent part of the institution. Prenuptial agreements are becoming commonplace, and as such, there are certain inclusions that should be in an average prenuptial agreement, if it is an aspect of your marriage. Prenuptial agreements for the average couple should include financial agreements, property agreements, and last will and testament provisions should the marriage end in death. The financial agreements usually spell out how money or debt accumulated during the marriage will be split in the event of divorce. Also, it provides an amount for alimony or child support as well. Usually debt incurred before the marriage is left to the individual person to whom it belongs. For property, similar to finances, property purchased during the marriage is split a certain way, while property owned before the marriage is kept by the individual owner. Property, in the case of prenuptial agreements include art, jewelry, pets and anything of sentimental value, in addition to real estate. Child support payments are also agreed to, should the marriage produce any children. Also, children brought into the marriage are also written into the agreement, which will state whether or not they are entitled to support as well as natural children. Prenuptial agreements are best agreed upon well before the wedding date, so any arguments that could ensue do not overshadow what should be a happy time. Also, for the prenuptial agreement to be legally binding, it is imperative that both parties fully disclose any debts or assets they are bringing into the union. Even if the agreement allows each person to keep their individual assets, if everything is not fully disclosed before the agreement is signed, the entire agreement will be null and void. Thus making all the stress regarding the prenuptial agreement for naught.


If a couple has a prenuptial agreement that everything they had prior to the marriage remains theirs if something happens to the husband who owns the house will the wife be able to live there?

If he dies, the house should become soley her property unless othewise stated in the prenuptual agreement. If they have an agreement that she doesn't get the house and they break up, it would be up to him whether she stayed or not. It would not be her property if he owned it before the marriage. If it was purchased after marriage with money earned after the marriage then it would be upto them or the court to decide.


Which agreement set up a new Puerto Rican government in 1900?

The Foraker Act


What should I do to sure I am securely provided for after marriage?

If possible, set up a family trust beforehand or create a prenuptial aggrement. Otherwise, you can create a separate bank account and squirrel money away when possible.


Prenuptial Been living together for 14 years you have worked at home doing all duties house yard ect Now were going to get married He wants a prenup what do you get since you did'nt work.?

Since you have been married for 14 years you are classified as living common-law. If two people love each other then there should not be a prenuptial agreement. Some gratification should be given to the spouse who has not worked. Example: If a woman stays home (whether they have children or not) and cooks, cleans and keeps the house in order; pays bills, etc. does yard work, etc. (this includes men) and the person they are married too has built up a business on their own before marriage and prefers a prenuptial agreement so there is no red tape attached to their business, then that person should make other arrangements with compensation of other sorts. If the person is not willing to do this then marriage should be out of the question. Marriage is about sharing and having a Will. If divorce should happen then the spouse (if they retain a lawyer) will get something from their spouse, but once a prenuptial agreement has been signed by both partners and validated by a lawyer regarding a business or large pieces of property then it is generally set in stone.