By: Koleilat Law
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It’s always good to plan ahead in life, rather it’s planning for the better or for the worse. Many of us will hear this advice in some form within our lifetime, though we rarely imagine that it could be referring to our marriage. When we say our vows, we are not considering the fact that you may be divorcing that person standing across from you. Still though, some couples do decide to take precautions once they are married in the form of Nuptial agreements. Nuptial Agreements come in various forms, as we shall look at below.
pre-nuptial: A pre-nuptial agreement is created before a wedding takes place, and decides how property will be divided in the case of a divorce or death.
post-nuptial: A post-nuptial Agreement is created after a marriage license is signed, and does the same as a pre-nuptial, deciding on the separation of property in case of death or divorce.
Nuptial Agreement for Divorce: A nuptial agreement for divorce can involve property that was acquired before the marriage, during the marriage, or both.
Nuptial Agreement for Death: In most cases, the death of a spouse will place any property belonging to them in the hands of the remaining spouse. A nuptial agreement can be created to ensure certain property goes to family members or other party instead of the spouse.
Obtaining a Nuptial Agreement
The easiest way to obtain a nuptial agreement is to go through an attorney that practices Family Law like Lauren Koleilat of Koleilat & Miller. Using an attorney, or if you wish, your own attorney while your spouse-to-be has their own attorney, you can decide on the division of property and get the proper paperwork signed through your attorney. While they can help you settle on the terms of the nuptial agreement, rather it is a pre-nuptial or post-nuptial, there are a few things to keep in mind.
- The final signature must be of the two spouses, and not of the attorneys.
- The division of property must be considered fair.
- Both parties must be present for the signing.
If you are looking at getting a pre-nuptial or post-nuptial agreement, our own Lauren Koleilat can help guide you from beginning to end. With experience in several areas of Family Law, she can help you decide if a nuptial agreement is a wise decision, what property should be included, and aid in the finalization of it.