The news that you should sign a prenuptial agreement is not always taken well. It is even so important to know that such contracts protect the two parties involved in a marriage. In case your prospective spouse suspects your intentions after breaking the news, you can consult with a lawyer who can help him or her understand what this type of agreements are all about. During the hunt for a reliable family law attorney New Bedford is an excellent place to begin your investigations.
Before getting into any contract, you need to have a good understanding of the elements that can make it invalid. Well, the agreement will not hold water if it is not put in writing. The courts cannot make any rulings based on he said, she said information, unless in very rare situations. If you would like to get into an agreement, hire an attorney to help you prepare a contract and get it signed.
An agreement can also get nullified if it is discovered that one of the partners had fraudulent activities or intents. For instance, if the partner in question hides information regarding his or her income or assets, then the agreement is automatically invalidated. This is because its terms cannot be fair if the information around it is deceitful.
For a prenup to be valid, it should be signed by two willing adults. In case one of the partners is coerced to sign the agreement, then it will again be nullified. This can happen if the document is signed after threats and one of the partners does not sign voluntarily. A document that is presented a night before the wedding day may also not quashed because your spouse can argue that he or she did not have time to fully absorb the terms before walking down the aisle.
Both you and your prospective spouse have the right to seek independent counsel. This means that a contract is not valid if your partner was clearly not in a position to seek counsel. The judge will even so deem the agreement valid in the event where your partner waives their right to seek out independent counsel.
It is impossible for the courts to enforce prenup terms that are grossly unreasonable. Any substantively unfair agreement is null and void in the eyes of the court. For example, a contract that dictates that one partner gets all the assets and monies while the other remains impoverished is unreasonable, unfair, vicious and unenforceable in court.
The complex nature of prenuptial agreements makes it necessary for couples intending to get married to first seek the expertise of a competent attorney. The expert can help both of you to lay down your terms, negotiate and get them put on paper. This way, both of you can protect your best interests in case the marriage does not work.
The hunt for a reliable family law specialist will not be easy. This is irrespective of whether you need help with a prenup, child custody, child support, adoption or a domestic violence case. Before hiring any attorney, consider his or her levels of experience and track record when it comes to dealing with cases like yours.
Before getting into any contract, you need to have a good understanding of the elements that can make it invalid. Well, the agreement will not hold water if it is not put in writing. The courts cannot make any rulings based on he said, she said information, unless in very rare situations. If you would like to get into an agreement, hire an attorney to help you prepare a contract and get it signed.
An agreement can also get nullified if it is discovered that one of the partners had fraudulent activities or intents. For instance, if the partner in question hides information regarding his or her income or assets, then the agreement is automatically invalidated. This is because its terms cannot be fair if the information around it is deceitful.
For a prenup to be valid, it should be signed by two willing adults. In case one of the partners is coerced to sign the agreement, then it will again be nullified. This can happen if the document is signed after threats and one of the partners does not sign voluntarily. A document that is presented a night before the wedding day may also not quashed because your spouse can argue that he or she did not have time to fully absorb the terms before walking down the aisle.
Both you and your prospective spouse have the right to seek independent counsel. This means that a contract is not valid if your partner was clearly not in a position to seek counsel. The judge will even so deem the agreement valid in the event where your partner waives their right to seek out independent counsel.
It is impossible for the courts to enforce prenup terms that are grossly unreasonable. Any substantively unfair agreement is null and void in the eyes of the court. For example, a contract that dictates that one partner gets all the assets and monies while the other remains impoverished is unreasonable, unfair, vicious and unenforceable in court.
The complex nature of prenuptial agreements makes it necessary for couples intending to get married to first seek the expertise of a competent attorney. The expert can help both of you to lay down your terms, negotiate and get them put on paper. This way, both of you can protect your best interests in case the marriage does not work.
The hunt for a reliable family law specialist will not be easy. This is irrespective of whether you need help with a prenup, child custody, child support, adoption or a domestic violence case. Before hiring any attorney, consider his or her levels of experience and track record when it comes to dealing with cases like yours.
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Get a summary of the things to consider when choosing a family law attorney New Bedford area and more information about an experienced lawyer at http://www.graylawpc.com/anthony-j-donegan-jr now.
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