Archive for category mistakes of hiring a lawyer

Improperly constructed Prenups may not be valid

A prenuptial agreement is a contract signed by a couple before they get married.  ”Prenups” as they are called, are most commonly used to agree what will happen to the two party’s property and debts should they get divorced. Otherwise any divorce will have to go to court. A standard divorce will often attempt to just split all the property down the middle.

However, prenuptial agreements are not just for those with considerable amounts of property. They are commonly used by Denver family law attorneys when children from other marriages are involved. They may decide to give property to their children instead of their spouse in the event of an early death. Just like marriage is a contract, a premarital contract can be used to clearly spell out financial rights before marriage complicates the issue. Not only assets, but debts and how they will be handled by the couple should also be included in any prenuptial contract. For those with children or who expect to have children, a prenup can make the divorce process less messy because what will happen will have already been spelled out.

A premarital agreements have a lot of leeway, but that does not mean you can just sign away all your rights. Some states do not allow the parties to give up the right to alimony. Even if the state does allow one to give up alimony, if the party giving up the right did not have adequate counsel say by  Denver family attorneys, then a court will not enforce the agreement.

For those that are already married or choose not to sign a prenuptial, then the laws of the state will govern the marriage. Death and divorce are the two most important issues that may vary, so consider hiring a Denver family law attorney. Even if you are not signing an agreement, it would be a good idea to know what will happen under state law.

Most state laws expect married couples to share all property including after a divorce or death. Spouses also have to pay for the other’s debts incurred during marriage and share control of any joint property.  If you do not like these rules then your only option is to get a Denver family law attorney to draft a prenup designating how your marriage will work. Probate law recognizes prenuptial agreements more as the wealthy spouse stigma is wearing off. Every state now recognizes this type of contract, but it is a good idea for both parties to have lawyers advise them on the content, otherwise it looks suspicious to the court. However they are much easier to prepare and enforce than a post-nuptial agreement or divorce.