Top Things to Consider Before Signing a Prenuptial Agreement
It is perfectly natural for any person to be excited and enthusiastic when they are about to get married. But you should keep in mind that marriage is a legal contract. If you and your spouse get separated eventually, all of your financial and child custody matters will have to be arranged legally maybe in court. So, it is a good idea for you to sign a prenuptial agreement in order to make sure your spouse’s interests and yours are best protected. There are a number of aspects that you should take into account before entering into such a legal contract.
It is best for the financial interests of both parties to be arranged in the prenuptial agreement. People who are about to get married and want to stay together forever usually do not want to arrange such sensitive matters, but this can save both parties a lot of trouble in the future. You should really think whether you and your spouse would want to keep all assets you had possessed before the marriage. Also, it is a good idea to arrange for the partitioning of all the ones that you will gain during your years together. A lot of families buy their homes after they get married. Maybe you would want to have an agreement clause that can provide for the fair partitioning of the property.
Usually many couples prefer to arrange child custody with the prenuptial agreement they sign. It is possible for you to have such a clause especially if you have children from a previous marriage. However, if you and your spouse decide to get divorced the contract might not actually be enforced. The family law is concerned with the well-being of children and it is applied when there is a child custody law suit between the parents. So, even if the agreement says that you will get full custody your spouse might sue you claiming that it is not in the best interest of the minor/minors to stay with you. If they can prove this in court the initial agreement will not be considered. Thus, you might not want to have such a clause or you might want to make it more specific.
You have to keep in mind that it is possible for the prenuptial agreement to be amended as long as the two spouses want it and present the annex in writing. You can also add new clauses if you wish. This is done in the same way. This means that you do not have to provide for every matter before getting married. Also, if there are any changes in your family circumstances you should not hesitate to change or add new clauses to the contract.
Last, but not least you should definitely consider using legal counsel before signing a prenuptial agreement. Usually it is composed by the lawyer of one of the parties so it is essential for another professional to look at it as well. In this way you can be certain that the interests of both of you are well protected.