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The Guide of editing Revocation Of Prenuptial Agreement Online
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PDF Editor FAQ
Why do you need to sign a prenuptial agreement? Marriage is supposed to be for life.
In my case, marriage is for life, if I have anything to say about it. I took an oath. I intend to keep it (besides, I made an accurate evaluation of who I ought to be with in the first place, so why not?)That said, marriage in civil society is a legal contract, and contracts can be revoked. It is not unreasonable to set the conditions of the revocation of that contract.
Should both partners use the same lawyer to make mutual prenuptial agreements? Should I let her lawyer (who said he'd be looking out for her interests) write mine, or get my own attorney?
If anyone needs to ask this question, then he/she nearly always doesn’t even need a prenuptial agreement at all.And I say that as an ex-English solicitor (non-trial lawyer) in corporate and probate law (in which this prenup thing eventually lands in).But if you are heading into a prenup, get your own lawyer.If your partner’s lawyer is even minimally good, he/she will refuse to act for you — it’s a clear conflict of interest and breach of professional ethics.While I’m on the subject, I might as well add the rider below as a public service.I have worked internationally for 35+ years. Most educated people worldwide have nearly zero idea what the prenup is for.Unlearn everything you think you know about prenups. The real facts — the true facts — are just three in reality:—Check if prenups are recognised and have legal validity in your jurisdiction. And check the EXTENT of that validity. Some jurisdictions don’t recognise prenups at all (e.g. England & Wales, Hong Kong).Prenups can do possibly many things, but they are principally used for protecting BUSINESSES that are traditionally controlled by the husband’s or wife’s family. Prenups have a patchy history of protecting assets and liquid capital in ‘regular’ divorce. Family assets are better controlled and protected through the use of revocable/living trusts or irrevocable trusts.Prenups are secondarily used for protecting the person’s spouse and the children from financial liabilities — for instance, the father works in a high-risk sector, and it isn’t unreasonable for him to divorce the wife and disown the children just to shield them from carrying the father’s creditors and related obligations.Thanks for the A2A.
What should be in a prenuptial agreement for two normal people with comparable net worth and incomes, and would such a thing be worth doing?
Family law and spousal property rights vary on a state-by-state basis, so you and your partner need to see an attorney who is familiar with the laws of your state of residence.Given the history of divorce in your family, walking through the "what if" scenario seems prudent, although I second the idea that you should also devote time and resources to up-front couples counseling. I also wouldn't look at the exercise as a pre-nuptial agreement; I suggest that you and your partner approach it within the scope of full-fledged estate planning. Do your wills, respective medical powers of attorney, a revocable trust (if appropriate), etc. If you are both of an income & net worth to be thinking about your incomes & net worths, you probably have sufficient resources to hire an attorney to prepare the full set of documents.
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