Marital agreements recommend individual legal assistance for both parties and the lack of experienced counsel may be another reason why a marriage agreement cannot be applicable. Divorce laws can be complicated and they can change. The state allows you to contractually give rights that might otherwise be granted to you if you have not had a marriage; However, the state wants to make sure that you understand the rights you are giving up. Well, if you decide not to think about a lawyer that makes it easy to get out later, that`s a bad position. The counter-argument is that you had the opportunity to have legal assistance, but you chose not to do so voluntarily. Ignorance of the law is never an excuse if you have had the opportunity to receive information and advice. If you are the marital spouse who wants the marriage, you might want to invest a few hundred dollars in a separate lawyer for your best half, to make sure they can`t later argue that they haven`t figured out what they`re giving up. In addition, there may be a discussion with a prenup about spos assistance and what would happen if one of the two parties died prematurely. You may also be held financially responsible for an ex`s tax and other debts.
Without a prenupe, you probably won`t have as much control over how your assets are distributed. Often forgotten in a prenup discussion, determine what will happen if a party dies prematurely. It may be necessary to define legacies, especially where one or both parties have children from a previous relationship. When you get married, you`ll probably get a lot of advice from your friends, family, religious leaders and even financial advisors on everything that`s supposed to eat, right down to the question of whether a woman should change her name. “If, at the time of divorce, an agreement is reached that assumes that one person remains the monied spouse or that both parties continue to contribute in the same way to the relationship, it may not make sense,” Frawley and Pollock said. For a prenup to be valid, you and your spouse must enter into the agreement without constraint. This may include situations in which each party has not had sufficient time to conduct a thorough analysis of the contract and obtain individual legal advice.