Prenuptial Agreement in Divorce Law

Prenuptial Agreement is a legal document drawn up by both the husband and wife

Before marriage or a civil wedding, which enables them to choose and clarify various aspects of their relationship. Prenuptial agreements may cover a wide range of issues such as who gets the television channel from whom, how any children will be raised etc. A Prenuptial Agreement may also cover the issue of child custody, spousal support, child access and alimony (alimony – payment made to one spouse by another)

A prenuptial agreement is usually drawn up as a contract after the marriage has taken place and is therefore legally binding on both the parties to the marriage. It is therefore advisable that you have it drawn up by a lawyer or other licensed professional. This is especially true if there is some contention between the two and one wants to make changes or amendments to the document while the other wants to keep everything intact. A Prenuptial Agreement will make certain that the divorce court deals with the issues properly and does not become involved in a wrangle over issues of alimony and/or child custody.

Prenuptial Agreement is an important document to have drawn up during matrimony

If you wish to start a new life as husband and wife, you need to come to an agreement about how your property, money and debts will be split during the marriage. A Prenuptial Agreement is a legally binding contract between two people, which ensures that they are not able to alter the terms of their matrimonial settlement during their lifetime. Prenuptial Agreement also assures the two parties that the marriage shall continue for the rest of one’s life and that the couple will continue to live in the home together.

The federal law and civil law to make it mandatory for all the states to issue Prenuptial Agreements to couples who intend to marry. Prenuptial agreements have been in use since the time of Magna Carta where knights agreed to live together and exchange marriage vows. The process of drafting Prenuptial Agreement was however slightly different from today’s scenario. There were no legal experts present then and people often ended up making mistakes when drafting their prenuptial agreements.

Prenuptial Agreement is very important and drafts one helps in marriage

Today, with the aid of the internet, drafting Prenuptial Agreement is now very easy and anyone can do it by themselves. Though a lawyer is always present during the drafting process, most of the times the document is drafted without any legal assistance. An accurate Prenuptial Agreement should be drafted after taking into consideration the age of the couple, the income and assets of both the parties and their standing in the society. The spouses are supposed to get the consent of both the parties before the finalization of the Prenuptial Agreement.

The interests of both the parties will be protected. Prenuptial Agreement is also helpful in protecting properties as well as incomes that have been accumulated during the course of marriage. Prenuptial Agreement is very helpful when the couple decides to dissolve their marriage and they share a house or a property with each other. Prenuptial Agreement ensures that the interests of the children will be looked after in the best interest of their parent and other legal rights of the parents will be maintained.

Leave a Comment

Your email address will not be published. Required fields are marked *