Tips on How to Prepare a Prenuptial Agreement
It is normal for someone who is getting married to think about the possibility of divorce if they did not get along. In case a divorce happen, you can be safe assured that you will not lose everything to your partner. The question in your head will lead to the decision of hiring a lawyer to draft a prenuptial agreement. It is also possible to create the prenuptial agreement yourself.
Understand What is a Prenuptial Agreement
First things first, you must understand how a prenuptial agreement works. It is an agreement that set down the terms of the marriage. It lists down what properties you and your partner have before marriage and how they will be divided in case of a divorce. You should get a prenuptial agreement if you have more assets or lesser debt than your partner. This will prevent fighting over the assets and finances when a divorce happens.
One of the benefits of signing a prenup agreement is that it can prevent an estate or a large sum of money that you are going to inherit from becoming a shared property in the marriage. It will protect the income you will have in the future if you are planning on taking a job with a higher pay after the marriage. If your partner is behind a lot of loan payments, you will not be chased by the debt collector. If you work with your partner in a business, the prenup agreement will protect your asset in case a divorce happens.
What You Should Do Prior to Creating the Prenup Agreement
Both you and your partner should be open about all issues concerning money. If there is something you don't want to put it in agreement, you can write it down on a paper instead. This can build trust in your marriage afterwards. If you don't know where to start, you can start by discussing a financial issue you and your partner share, for example, home loan. If you don't know how to start by opening your mouth, you can ask your partner to watch a show concerning divorce. You should have this conversion with your partner a few months before the marriage so that both of you will have time to arrive at an understanding.
Before drafting the prenup agreement, each of you is to create a list of the asset, debt, present income and income expected in the future. You must define your property and your partner's properties clearly, for example, properties that are kept separate and shared in the marriage. The agreement also have to define who will be paying the debts that both persons incur during the marriage. It should include information such as what assets will be bestowed on the children in case of a death, and who will be responsible for paying for the education of children from previous marriage.
It is important to include comprehensive financial information in the prenup agreement. If you fail to include a financial information, the court may not acknowledge your prenuptial agreement when a divorce takes place. Every state has its own regulation so make sure you do research on the prenuptial laws before drafting the agreement. Some of the things you should not include in the prenup agreement are child custody restrictions, alimony rights, and issues that are not related to finance.
Creating the Prenup Agreement
To create a professional prenup agreement, you and your spouse must hire your own attorneys. You can get references from other people who have hired an attorney before. It is best to get references from several candidates and then conduct an interview with them to find out about their backgrounds in the field. You should pick the one whom you feel comfortable with. All the fees that the attorney charges should be put in writing.
You can use a prenuptial agreement sample form if you want to create the prenup agreement yourself. The form is usually in PDF format and you can use it for free if you buy the PDF editor. In Movavi PDF Editor, you can easily fill in the form by typing in directly in the blank field. When you finish filling the form, you can add a digital signature to sign the form. You, your partner, and the attorney must sign the form in order to validate it.
The digital signature is a signature that you sign on a digital signature software on your tablet with a tablet pen. The signature can be saved as an image and imported it into the software. To add a digital signature image, simply drop it in the rectangle frame and then go to Pages Mode > Edit Object Mode. You must click on the signature so that a frame appear over it; and then press Ctrl + C to copy it. After that, you must switch to the tab of the prenup agreement form and paste it in the signature field.
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