While Justin and Hailey are young and in love – and throw all the caution in the wind – no one with a large fortune should follow their example. Here are 10 things every person should know about prenaptial agreements. A current trend is that couples choose to create a conflict resolution agreement instead of a traditional marriage agreement. A standard prenup discusses what can happen financially if the couple separates, while a conflict resolution prenup describes how the couple agrees to resolve the conflict if they reach a point where they are considering divorce. You would not use the prenup template we provide for this type of conflict resolution. Our contract is for financial prenups. Instead, you might consider working with a professional lawyer or mediator to draft the agreement. No one can tell you if a marriage contract is good for you and your situation. People can give you sound advice based on years of experience, but ultimately, the decision is up to you and your future spouse. That said, you should consider a prenup if one or more of the following are true: With any wedding, but especially high-level celebrity weddings, the old mantra „Hope for the best, but plan for the worst“ still seems true. With our good wishes, let`s make a dizzying suggestion to the happy couple to conclude a subsequent contract.
You must sign your marriage contract well in front of your marriage (it is recommended at least 30 days before the wedding). If the agreement is later challenged, the court is less likely to consider whether either party entered into the agreement under duress, coercion or undue influence. Signing the document in advance ensures that both parties have had enough time to review the agreement before the marriage. Luckily for Justin and Hailey, it`s not too late to get the benefits of a prenutial agreement. According to state law, they can enter into a post-marital contract, which is signed after marriage. The basic elements of a post-day proclamation are the same as those of a marriage, although post-euptic agreements are more difficult to enforce depending on the state and some states require consideration. Consideration is something of value that one party gives to the other to get them to sign the agreement. If this is the case, remember that each partner is required to seek legal advice from their own lawyer (i.e., independent legal advice) to avoid problems such as coercion or fraud. When you marry, your property becomes „matrimonial property“ and, unless expressly protected, can be considered for division between you in divorce proceedings. The main purpose of a marriage contract is to limit potential claims to the assets of one of the parties to the marriage and avoid costly disputes about „who gets what.“ .