Category: Prenuptial Agreements

Enforceability of Prenuptial Agreements

There was a time when prenuptial agreements were treated very cautiously by the courts and it was difficult to enforce them. The courts took the attitude that prenuptial agreements encouraged divorce, and that this was against the public policy of encouraging marriage. Times have changed, and now prenuptial agreements are …

6 Costly Myths About Prenuptial Agreements

Myth #1 – Prenuptial agreements are only for the wealthy. No. Prenuptial agreements are for ordinary people. Given the high legal fees and stress involved in a divorce, the frequency with which relationships end nowadays, as well as peoples’ increasing financial sophistication and independence, a prenuptial agreement can benefit just …

How to Ask for a Prenuptial Agreement

A prenuptial agreement is a contract signed by a couple before their marriage that specifies how they will divide assets upon divorce or death.  Sometimes a prenuptial contract may also set forth certain terms of the couple’s life together.  A prenuptial agreement, sometimes called a “prenup” or a “pre-marital agreement,” …

The Pros and Cons of Prenuptial Agreements

By Wanda Marie Thibodeaux When people walk down the aisle and get married, they hope the union will last a lifetime. The cold reality, however, is that roughly half of all marriages in the United States end in divorce as of 2012, says the Centers for Disease Control and Prevention. …

Who Should Get a Prenuptial Agreement?

A prenuptial agreement — sometimes referred to as a “prenup” or a “premarital agreement” — is an agreement signed by a couple prior to marriage. The agreement determines how the couple’s assets will be divided if they divorce and may set the amount of alimony paid by the high-net-worth partner. …

Prenuptial Agreement Sample

This is a prenuptial agreement sample. Its purpose is to give you a sample of what a prenuptial agreement looks like and what sort of terms are contained in a prenuptial agreement – to give something concrete to all the theory on this website. You would be very foolish simply …

Premarital Counseling

Marriage is an exciting prospect. It is natural for an engaged couple to become wrapped up in the excitement and to immerse themselves in planning the big day. However, as they revel in their love for each other, a couple may neglect to adequately prepare themselves for the responsibilities that …

Prenuptial Agreement Form

A prenuptial agreement form is a form that you complete from which a prenuptial agreement is generated. The advantage of these are that they are significantly cheaper than going to an attorney, despite the fact that the agreements are drafted by attorneys. As well, you can do it yourself and …

Prenuptial Agreement California

Prenuptial agreements in California are governed by California’s Uniform Premarital Agreement Act.  You can find the official version here. Under this act, a prenuptial agreeement California is known as a premarital agreement.  Section 1610 of the California Family Law Code defines what a premarital agreement is – basically it is …

Cohabitation Agreements

Cohabitation is a popular choice as an alternative to marriage for many couples. In some states, it is the only alternative for gay couples. It is quickly becoming an important social trend as more and more people choose to live together intimately without the benefit of marital vows. Since two …

Postnuptial Agreements

A question that I’m sometimes asked is: Can I enter into a prenuptial agreement after I get married? The answer is: yes, you can. These agreements are known as postnuptial agreements or postmarital agreements.

Death by Prenuptial Agreements

I am horrified to see this tragedy. In Australia, Terrance John Jackson has just been convicted of murdering his partner, Marita Ameli Brown, because she sought legal advice about getting a prenuptial agreement. Divorce can be a really ugly event. Unfortunately, this sort of thing does happen during a bitter …

Privatize Marriage?

There was an interesting op-ed in the New York Times recently arguing for privatizing marriage. According to the article, throughout most of history the government was not involved in marriages at all. While religious institutions did get involved, people could still get married without the approval of a religious institution …

Does Family Law Uphold “Maher”?

Maher (also spelt Mahr and Mehr) is a sum of money that the man agrees to pay the woman in a Muslim marriage contract. The idea is to provide some financial security for the wife. Often, this amount is not paid right away or is payable upon divorce. The question …

Creating A Prenuptial Agreement

TIP: Both people should feel they gain from the marital agreement. Embarking upon a marriage is a wonderful time in life—emotions are running high and you have great optimism about the future you will build together. The last thing you want to do is jeopardize your love by discussing mundane …