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Prenuptial agreement

A prenuptial agreement, commonly abbreviated to pre-nup or prenupt, is a contract drawn up and entered into prior to a marriage, civil union or any other agreement prior to marriage between the two parties. The content of a prenuptial agreement can vary widely, but commonly includes provisions for division of property and spousal support in the event of divorce or breakup of marriage. They may also include terms for the forfeiture of assets as a result of divorce on the grounds of adultery. Read below where our Experts have provided answers to questions on prenuptial agreement.

What are the advantages and disadvantages of a prenuptial agreement?

A prenuptial agreement details out what each party’s assets when entering marriage. In case of divorce, it helps to reduce the costs and details out the alimony and in what circumstances.

What kind of lawyer can prepare a prenuptial agreement?

A prenuptial agreement can be prepared by a domestic relations, family or divorce lawyer. One can prepare on their own by using examples widely available on various online sites. A common website for reference is legalzoom.com where one can prepare a prenuptial agreement on lesser expense than using a lawyer.

How is a termination of prenuptial agreement in New York filed?

To dissolve the prenuptial agreement, both parties agree to make a statement indicating his/her agreement to dissolve the prenuptial agreement after proper representation by independent and separate counsel.

Does a prenuptial agreement establish Joint Tenancy in real property?

No, in most cases a prenuptial agreement does not establish Joint tenancy in real property, however this will always depend on each circumstance. Only on proper execution, a prenuptial agreement can create a right to the party who is not on the deed to sue to force a buyout or to be put on the deed but does not create the actual ownership.

The only way to claim joint tenancy for spouse who owns the property, to deed the property as grantor to himself or herself and the spouse as joint tenancy grantee, and it can be done by claim deed sample/ form which can be obtained from local county recorder.

In state of Ohio, does a prenuptial agreement preside over a previously written will?

The will controls how the assets should be divided. If the will seeks to disinherit a spouse, then he/she may elect against the will. The prenuptial agreement is not relevant absent divorce.

Under what conditions a prenuptial agreement is considered invalid?

Incorrect construction and duress are common ground for nullifying a prenuptial agreement. One needs a lawyer who does the family law to examine it thoroughly and check its invalidity.

How is a prenuptial agreement terminated?

In the state of Kansas, prenuptial agreement is terminated on the grounds of being unconscionable and unfair. One need to take the copy of the agreement to a lawyer who practices family law and the lawyer will furnish it before the local judge and the agreement will be reviewed during the course of the divorce to check its validity.

Prenuptial agreement can be tricky if not understood or not articulated well at the time of construction. One should be very careful and go to the right resource to understand the ramifications of prenuptial agreement. If you have any questions on prenuptial agreement in your state of residence, you could ask the Experts for easy, quick and affordable answers.
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