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Prenuptial Agreements Archives

Will your prenuptial agreement hold up in court?

Prenuptial agreements are an excellent tool couples can use to strengthen their relationship and protect each other from pressures brought on by complicated assets. When used correctly, prenuptial agreements offer marriages many protections that allow the marriage to flourish through circumstances that may sink other less prepared marriages. However, sometimes one spouse attempts to use a prenuptial agreement to give him or herself an unfair advantage, or to wield control over the other spouse. This is usually a shortcut to a prenuptial agreement that does not hold up under the scrutiny of the court.

Use prenuptial agreements to create opportunity

Prenuptial agreements can be very useful for helping a couple achieve goals together inside of a marriage -- rather than weakening the strength of the relationship. When constructed with love and care, a strong prenuptial agreement can provide a framework for each spouse to better themselves through the marriage.

Should my prenuptial agreement address digital assets?

Prenuptial agreements are an excellent tool for clearly defining whose property is whose in a marriage. These agreements are also very useful for laying out a clear framework of expectations around how that property is to be treated both inside a marriage and in the event of divorce. In the modern age, it is important to be mindful of your digital assets when you set about creating a prenuptial agreement.

Prenuptial agreements and financial behavior

Prenuptial agreements are regularly misunderstood, and often the individuals who create them believe that they are magical documents that somehow allow them to stipulate whatever they want to their spouse. However, these agreements are merely legal documents, not magic tomes, and they must respect a number of limitations to what they can dictate. One of the most commonly misunderstood areas in prenuptial agreements are those things that an agreement can dictate about behavior within a marriage as it relates to finances.

A poorly made prenuptial agreement protects no one

A prenuptial agreement is only an invitation for greater conflict both inside and outside of your marriage if it is carefully, professionally crafted. Far too many couples have created faulty prenups and seen them crumble when they were needed. If you and your future spouse are considering creating a prenuptial agreement, be sure to take all the proper precautions to ensure that it is valid and dependable.

Be sure to include your pet in a prenuptial agreement

When putting together a prenuptial agreement, it is important to be very thorough to ensure that no piece of property is left unaddressed — especially property like a pet, which few people remember to think of as "property " in the first place. Creating a fair, well-crafted prenuptial agreement that provides for your pets is a helpful way to prepare for how your marriage will consider your pets and ensure that, even in a worst case scenario, your animal family members are properly provided for.

Address creative works in a prenuptial agreement

Creating an effective prenuptial agreement is not a simple matter, and requires both parties to work together to create a truly comprehensive strategy for protecting each other and the relationship. Ultimately, should your marriage end in divorce, there is no substitute for a well-crafted prenuptial agreement. However, if you fail to plan properly, you may still face difficulty in property division. One of the most common areas that couples fail to address in a prenuptial agreement when they are building it is the matter of intellectual property.

How can a postnuptial agreement help my marriage?

Many marriages fall prey to the pressures of money conflicts, but it doesn't have to be that way. Couples across the country are discovering, or rediscovering, the value of postnuptial agreements. Postnuptial agreements, when executed properly can relieve much of the tension surrounding financial matters between spouses, saving marriages that might otherwise be doomed.

Why might my prenuptial agreement fail to stand up in court?

To many people, prenuptial agreements carry a reputation as a silver bullet that defends against all divorce woes. However, while prenuptial agreements wield great strength to protect spouses from outside parties and even each other, there are many ways that a well-intentioned agreement may not hold up in court.

Prenuptial agreements offer valuable lessons for partners

Many couples simply do not take wise precautions when approaching marriage, leading to problems down the road that could easily have been avoided with some careful planning and intentional conversations about hard issues. One of the biggest relationship killers is a difference in how each spouse approaches finances, which may seem small, but has ended many marriages in the long run. Unfortunately, even those who pursue premarital counseling rarely take the time to truly understand their partner's financial life.