What To Put Into A Prenuptial Agreement
Each state has its own laws, which regulate distinct types of property and types of marital property (some states use „collective property laws,“ which often impose 50/50 sharing). After separation by death or divorce, the court separates all marital property according to state law. To prevent a court from deciding what is done with your property during your marriage, you can use a marriage agreement. The following list explains the areas in which your lawyer can apply as part of a marriage agreement. The experienced Atlanta Penup lawyers at Kessler – Solomiany, LLC are ready to answer any questions you may have about these provisions. In short, a marriage is simply an alternative estate planning tool that can be used to protect the financial interests of the couple and their heirs. When couples fall in love and refuse marriage, the extreme of their head is the thought of divorce and the division of property. That is quite understandable. Caught up in the excitement of starting a new life together, it can be hard to imagine a time when you can separate yourself and follow your own paths.
But the truth is that 40% to 50% of marriages in the United States end in divorce. and part of planning for the future as a married couple is looking at all eventualities, even those you may prefer not to think about. For many couples, this plan involves a marital agreement. „Generally speaking, a matrimonial pact can cover intellectual property and address issues such as exclusive ownership of the value of the work, royalties and all other revenue products,“ Sodoma said. For a marriage to be a binding legal contract, it must be prepared by a lawyer experienced in matrimonial law and with knowledge of the laws on marriage contracts in your state. Ideally, you should have an independent board so that your interests are fully and fairly defended. All marital agreements are closely reviewed by the courts and the presence of an independent counsel for each party indicates that the contract is fair and that both parties have entered into the agreement in good faith and with appropriate legal representation.