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A prenuptial agreement is a private agreement between two persons who are planning to marriage. The couple generally settles, in advance, property matters but not limited to property matters, in the event of death or divorce.
It is very important to clarify what properties are pre-marital ones, since many disputes and arguments can not be avoided during the marriage or during the course of divorce if pre-marital properties can not be distinguished from post-marital properties. The time when the property obtained is the crucial element while judging pre-marital property. It is impossible to prove the exact time when expensive property obtained, and without enough evidence to prove thepre-marital property, the judges will classified them as jointly owned property. Even during the course of divorce, if you have signed a pre-nuptial agreement to arrange both of your property, the agreement is binding to both ofyou.
What are thesteps to create a prenuptial agreement?
1. Determine whether you need a prenup. Actually, it is better to create a prenuptial to reduce the trouble in the future to almost nil.
2. Open discussion with your spouse-to-be about the prenuptial agreement well in advance of marriage.
3. Consult with a lawyer about related law.
4. Offer fairand full disclosure of your property and make a list of all of your assets and liabilities as detailed as possible.
5.Reach an agreement with your spousal-to-be on how to share in all of the assets and how to pay pre and postnuptial liabilities.
6.Enquire enough legal advices from processional family lawyers.
7. Creating a prenuptial agreement.
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