婚前协议
While it makes most people uncomfortable to entertain the idea of a marriage ending before officially beginning, the reality is that protecting yourself prior to exchanging vows is a practical move that can be designed to benefit both spouses in the event of 离婚. 其核心是, marriage is a legal institution formalized by a contract, so why not execute a pragmatic addendum in the form of a prenuptial agreement? Having a prenup doesn’t make a couple more likely to 离婚. It simply takes 一些 of the financial guesswork out of the breakup if love doesn’t last.
The Floyd County prenup agreement lawyers at 丘奇，兰登，洛普，巴内特·劳 have guided many people through the premarital agreement planning process efficiently and effectively. When you’re 准备好了 to discuss developing such a strategy for you and your intended, 我们在这里支持你. We understand the sensitive nature of these topics and are committed to providing each of our clients with personal attention. We encourage you to speak candidly about your wishes so that, 在一起, 我们可以起草最好的文件. We also review and negotiate prenups drawn up by other attorneys and represent clients in 离婚 actions who wish to contest prenups.
讨论你的情况和选择, bet9九州体育登录线路 our office by calling 812-725-8226 or by filling out our online form.
Popular with people who have experienced a prior 离婚, as well as those that have substantial financial assets, a prenuptial agreement allows prospective spouses to make certain decisions ahead of time rather than relying on state law provisions to dictate what happens in the event of a 离婚. Such an agreement can reduce unnecessary complications and help relieve 一些 of the uncertainties that can get in the way of starting a marriage off right. Prenups can cover a wide variety of family law and estate planning issues including:
- 财产的划分和分类
- 配偶的支持
- 继承的权利.
然而, they cannot be used to modify the child support obligations that either spouse would have if the marriage should end in 离婚. 根据州法律, all property that either spouse owns at the time of a 离婚 is considered to be marital property, regardless of whether the property is titled jointly or individually or when it was obtained. Marital property is to be divided evenly unless there are good reasons for deviating from this 50/50 presumption – and the decision about which spouse should receive what property is up to the court. Premarital agreements are very effective tools at for avoiding that uncertainty by providing a more definitive course of action for property division. 例如, couples can choose to exclude property that they brought into the marriage and only divide that which was acquired during the marriage. Prenups can also be used to modify or eliminate spousal maintenance and to allow spouses to create tailored estate plans that allow them to leave all, 一些, or none of their estate to their surviving spouse.
When a party files for 离婚, the court will review the prenuptial agreement. There are also instances where the agreement is contested by one spouse or by the parents or children of a deceased spouse. 要执行，至少必须:
- 写下来
- 在婚礼前由双方签字
- Have been given to the prospective spouse with a reasonable amount of time for review and consideration (several months are preferable) before the wedding
- Fully disclose all assets and liabilities by both parties
- Have been entered into freely and without fraud, duress, or misrepresentation.
Both parties should be represented by an attorney, because the interests at stake are separate and may be at odds. Although a spouse can agree to relinquish a number of rights and many prenups can be viewed as unfair to one of the parties, they cannot be unconscionable – they cannot be so grossly unfair that one party would face severe financial hardship while the other prospered. Striving for 一些 degree of fairness makes a prenup less likely to be challenged.
Prenuptial agreements can be very complicated, 还有那些起草得当的, 谈判, 和执行是很难克服的. Whether you wish to discuss a prenup with your future spouse or you have been presented with such an agreement to sign, it is in your best interests to talk to a lawyer. Find out more by discussing your situation with the IN prenup attorneys at 丘奇，兰登，洛普，巴内特·劳. We have years of experience helping people and we can help you. For skilled and knowledgeable representation, bet9九州体育登录线路 us by calling 812-725-8226 or filling out our online form. 总部设在新奥尔巴尼, 印第安纳州, we proudly serve communities throughout Kentuckiana including, 但不限于, 杰佛逊县, KY; Floyd County, IN; Clark County, IN; and Harrison County, 印第安纳州.
