A prenuptial agreement is a contract between two individuals who are about to get married, outlining the state of finances and personal liabilities in case the marriage fails.
WHAT IS A PRE-NUPTIAL AGREEMENT?
It is an agreement entered into between the spouses which sets forth that what will happen to the assets and income of either of the spouse in the unfortunate event of divorce, separation or death. It preserves the nature of property in the event the marriage ends.Though it is not popular in India, the instrument helps in avoiding financial disputes and trauma at the time of separation.
ADVANTAGE
- Keep Assets Separate:This agreement will help you in the Court to prove what assets you brought into marriage by listing those assets.
- Dividing Debt:This agreement will limit your responsibility as far as your spouse’s debt at the time of divorce and during the marriage.
- Inherited Property:If you have inherited any property then this agreement will help each spouse to agree that in the event of divorce, the property will remain with each spouse individually.
- Divorce Settlement Negotiations:Without a pre-nuptial agreement, the state’s laws and the settlement you negotiate will determine how marital assets are to be split. So, it is better to have a pre-nuptial agreement.
- Fill the Information Form
- Provide required Documents.
FAQ
1. What is a Pre-Nuptial Agreement?
A prenuptial agreement is a contract between two individuals who are about to get married, outlining the state of finances and personal liabilities in case the marriage fails.
2. What is the point of having a Pre-Nuptial Agreement?
If you don’t make a pre-nuptial agreement, your state’s laws determine who owns the property that you acquire during your marriage, as well as what happens to that property at divorce or death.
3. How long will it take for the agreement to be effective?
The agreement will be effective as soon as both the spouses sign it.
4. Doesn’t a Pre-Nuptial Agreement mean the parties don’t trust each other?
May be, but the agreement is generally grounded on realism rather than on trust. For older couples who are marrying second time, the parties simply want to protect their children, but for the younger couples, they simply feel that a prenuptial will save expense later if the marriage does not work out.
5. Do the Courts uphold such Pre-Nuptial Agreements?
The validity of a Pre-Nuptial Agreement depends on the state where you live. Broadly speaking, the closer to the wedding date the prenuptial was signed, the greater than danger that it will not be upheld.
6. How does a Judge decide whether to uphold the Pre-Nuptial Agreement?
A Judge may conduct a trial on the issue, or may read sworn statements concerning the agreement. Decisions are based on which side the Judge believes, as well as a consideration of the law.
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