Domestic violence was a part of my family's life for years. When I made the decision to leave with my children, I had to rely on the law to provide the protection we needed. Sometimes, the system does not work as fast as we want. I soon learned that going at it alone without any guidance caused significant delays. I created this blog to help others who are seeking legal means to deal with an abusive ex. By making the right moves, it is possible to get the necessary protections in place so that you can also live a happier and healthier life.
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When a couple plans to marry, they should get a prenup if they have any significant personal or business assets. Although you may not find the notion very romantic, going into a marriage without one is risky. Currently, 40 to 50% of marriages end in divorce. Second marriages have an even higher rate of failure. If you are planning to get married, you need a prenuptial agreement that cannot be easily overturned if your marriage fails.
Incomplete Disclosure
Prenups designate what each partner will keep in case of a divorce. Often, couples will agree to keep what they bring into the marriage and to divide assets they accumulate together during the marriage. Prenups can be overturned by the judge under certain conditions. For instance, if you or your spouse do not completely disclose your assets, your agreement may be declared fraudulent or "unconscionable." If you purposely conceal an item, your spouse will not know what he/she is agreeing to give up. Sometimes, couples include language which waives this full disclosure requirement, meaning you can neglect to mention your private island and still not negate the prenup.
Unfair Terms
You can agree to almost anything in a prenup, but if the judge finds that the agreement was grossly unfair, she can choose to overturn it. For instance, if the agreement means that one of you will live in poverty while the other thrives, the judge may find the agreement "unconscionable" and declare it void. Other unfair circumstances include one partner not having independent counsel or not having time to properly read the agreement.
Any provisions concerning child support or child visitation are also invalid as these decisions are made according to state law and to protect the best interest of the child. Also, a prenup has to be signed before the wedding, something that may seem obvious, but, surprisingly, some people try to add the agreement after the ceremony. Although you can draft a postnuptial agreement, it has different specifications.
Getting a prenup before you get married is a good idea, but you need to make certain that yours is done correctly so that it will not be overturned. Each of you needs to be properly represented and follow all the rules. Fully disclose your assets and make the agreement a fair one. You should go into a marriage planning for it to be successful, but if you are realistic, you also need to prepare for its possible failure. For more information, contact someone like Lisa M Pacione, Attorney At Law.
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