Before you enter into a marriage, arranging a prenuptial agreement can help clarify the financial complexities of what would happen in the event the relationship comes to an end. A prenup lawyer in Burlington can aid in putting together a document that provides both partners with peace of mind, laying out the rights and obligations of each upon separation or in the event of the death of one spouse.
What Needs To Be Included in a Prenuptial Agreement?
You can address a wide array of topics in a prenuptial agreement. A prenup in Burlington is authorized through the Family Law Act, which allows two people entering into a marriage to create a contract that outlines each’s obligations should there be a separation, annulment, or dissolution. Some of the issues that can be included in a prenuptial agreement include the following.
- The ownership and division of property and assets, including the marital home and similar high-value properties.
- The person assigned the right to direct the education and moral training of children that come from the marriage. Please note that a prenup agreement does not reinforce custody arrangements or dictate access to children.
- Support obligations.
Prenups in Burlington are not strictly for the wealthy. In fact, they can benefit almost any couple. It’s particularly recommended in the event that you plan on owning a property together, have had prior marriages, expect a substantial inheritance, have children from prior relationships or have assets or property that you want to have a guarantee on that they’re retained in your own following a divorce.
What Should Not Be Included in a Prenuptial Agreement?
A lot cannot be put into a prenuptial agreement, such as personal preferences. This isn’t the time to decide who does what chores, where to spend the holidays, and the like. Child access and directives relating to relationships with certain relatives are also not permitted. A prenup is predominantly related to the financial obligations of each spouse more than anything.
The courts also have the discretion to set aside or disregard provisions if they fall under any of the following points.
- If it is not in the child’s best interest or relates to custody or access.
- If it’s a clause requiring a spouse to be chaste in order to receive support.
- Any clause that is deemed unconscionable.
A prenuptial agreement lawyer in Burlington can aid you in crafting a legally-binding prenup that asserts and protects both partners’ rights and wishes.
Do You Need a Lawyer For a Prenuptial Agreement?
When you work with a prenup lawyer, you ensure your legal contract is made correctly. A lawyer can advise on rights and obligations, add clarity to provisions that may not already be so clear in writing, and ensure all rules are followed in assembling this very important document.
Without a prenup, you’re at the mercy of the courts, and they decide matters relating to support payments, how wealth accumulated during a marriage is to be shared, and more. Customize your marriage contract to suit your needs.
Arrange your prenuptial agreement with a Burlington family lawyer today.