On behalf of Law Offices of Piazza, Simmons & Grant, L.L.C. posted in Prenuptial Agreements on Monday, April 15, 2013.
When getting married, few couples think about the possibility that they may end up being divorced. But this is not an abnormal thing – because of this fact, more couples should consider drafting prenuptial agreements in order to address the division of property that occurs during a split. Many people in Fairfield, Connecticut, are aware of the prenuptial, likely having heard the term used during media reports on celebrity divorces. The prenuptial is not just for the rich and the famous though; it can be for everyone.
Something that is often created through the use of a prenuptial is peace of mind. Those newlywed spouses that do think about divorce may be scared that they will be left with nothing if divorce comes. If these individuals did not act on this before the marriage with a prenuptial, they can also draft a different document known as a postnuptial agreement. Both of these documents give couples the ability to come to a decision regarding marital assets and how they will be divided in case of divorce.
There are some guidelines that should be followed in order for these documents to be considered legitimate in the eyes of the court. With a prenuptial agreement, couples should make sure that it is signed some time before the wedding. A judge recently threw out a prenuptial that was signed four days before the wedding between a woman and her millionaire husband, giving her the potential to acquire much more property in the divorce. This was because the short timeframe between the signing of the document and the wedding itself alluded to coercion.
Experts suggest that both parties should have an attorney representing them during the drafting of the document. This allows both couples to be aware of the contents of the agreement, ensuring that neither is going to be left with little if a divorce occurs. This is how many spouses have addressed their concerns regarding divorce.