A prenuptial agreement is an agreement created prior to getting married, that dictates various things in terms of what would happen if one of the spouses dies or if the parties separate and divorce later. Prenuptial agreements can cover issues such as spousal support, property division, determination of which property is marital and which property is separate and other various issues that would be addressed in a divorce case.
This type of agreement can be useful for any couple that is getting married. However, the people who are most likely to benefit from a prenuptial agreement are people who may have children from a prior relationship because there are things a person can do in a prenuptial agreement to protect certain financial interests of those children. Additionally, people entering into a marriage who may already have a certain amount of separate property and want to ensure that property remains separate throughout the marriage and in any event of a divorce. People in those situations could benefit greatly from having a prenuptial agreement put together and from having a prenuptial agreement attorney in Leesburg help them prepare it. For more on the benefits this type of agreement might provide you, consult with a family law attorney in Leesburg today.
One of the most common misconceptions of a prenuptial agreement is that people who ask for a prenuptial agreement think that their marriage is going to fall apart at some point in the future. This is not the case, and it is simply an insurance policy that if things do go badly, certain issues have already been resolved between the parties.
Another common misconception is when sometimes people think that matters of custody and visitation can be addressed in a prenuptial agreement, whether the children are born or not even yet conceived. However, there is no prenuptial agreement of any kind that parties can enter into that is going to be binding on a court when it comes to issues relating to custody, visitation or child support for minor children. A Leesburg prenuptial agreement attorney is available to help resolve issues before they have serious ramifications on a family.
There are certain considerations for people to know relating to prenuptial agreements in order to ensure that the prenuptial agreement is going to be valid later on down the line. The law requires that a prenuptial agreement be in writing and signed. It is essential there be a full and clear financial disclosure by both parties prior to entering into the agreement. It can also be important to take steps to ensure that the agreement cannot be challenged later on based on claims of duress.
In those cases, the next requirement would be to have an individual’s marital agreement signed and ready to review well before the marriage. It is never a good idea to be signing a prenuptial agreement right before the wedding. These are not requirements but they are considerations a person and their prenuptial agreement lawyer in Leesburg should take in order to ensure that a prenuptial will be upheld in the event that it is needed later on down the road.
One mistake that can be made in drafting a prenuptial agreement is that parties may overlook certain financial items that really should be disclosed prior to the agreement being signed. People can sometimes do a less than thorough job when putting together a prenuptial agreement if parties want to have an agreement that is going to address ideally everything that could come into play in a divorce.
Sometimes people overlook certain issues that may need to be addressed in a prenuptial agreement when they are putting it together, which is why an attorney in Leesburg is essential in order to avoid overlooking any information.
Working with a Family Attorney
It is important that parties understand what their rights are prior to the agreement they put together and understand what the situation would be in the event that the agreement were not drafted at all and then the marriage resulted in a dissolution or divorce.
It is also important for people to consult skilled prenuptial agreement lawyer in Leesburg when preparing their agreement because it is easy to leave out certain important pieces of these agreements without legal guidance. People drafting prenuptial agreements without the assistance of experienced attorneys often find when the parties later are separated that it is incomplete and more difficult to comprehend.