Does Everyone Getting Married Need a Premarital Agreement

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While almost every couple getting married can benefit from a premarital agreement, there are certain situations where this type of contract is even more essential.

Transcript of Does Everyone Getting Married Need a Premarital Agreement

Page 1: Does Everyone Getting Married Need a Premarital Agreement

DOES EVERYONE GETTING MARRIED

NEED A PREMARITAL AGREEMENT?

While Almost Every Couple Getting Married Can Benefit from a Premarital Agreement, there are Certain Situations

Where this Type of Contract Is Even More Essential

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Getting married is a big step that involves joining your emotional and financial life

with another person. Before you enter into holy matrimony, it is important that

you evaluate the risks of marriage and that you take steps to protect your

financial future. Divorce is a real possibility in any marriage and you could face a

stressful and costly divorce as well as the loss of income, property and assets if

you do not plan ahead.

For most people getting married, creating a premarital agreement is a smart

choice. Premarital agreements are not just for people who are wealthy, nor are

they a sign you do not expect the marriage to last. Almost everyone can benefit

from having a premarital agreement that can act as a sort of insurance policy to

protect them in the event that the marriage does not work out.

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An experienced divorce and family law professional can assist you in determining

if you have a need for a premarital agreement and can represent you throughout

the process of negotiating and drafting your agreement.

DOES EVERYONE NEED A PREMARITAL AGREEMENT?

Anyone who enters into a

marriage could potentially face the

prospect of divorce in the future,

so it is always smart to plan ahead

for this possibility. You do not

need to have a complicated

premarital agreement and drafting

an agreement should be simple

and easy with the right attorney provided you and your future spouse are able to

work together and communicate openly.

A premarital agreement can not only specify which assets each spouse is

bringing into the marriage and will retain when the marriage ends but can also

address other issues such as inheritances, care of children from a prior marriage,

spousal support issues and joint and separate debts that a couple may have or

incur. This means that a great many people can benefit from a premarital

agreement even if they do not have a lot of money or property prior to the

wedding.

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A premarital agreement cannot waive child support or set the rules for future

child custody since it is impossible to predict what happens in the future and

since every child is entitled to support from both parents. It can, however,

address the majority of other issues that are relevant in the event of a divorce.

Ending a marriage can be very expensive and contentious if you and your

spouse are not able to agree at the time. A premarital agreement eliminates this

risk and ensures your financial stability will not be jeopardized if your marriage

ends.

WHO SHOULD HAVE A PREMARITAL AGREEMENT?

While almost every couple getting married can benefit from a premarital

agreement, there are certain situations where this type of contract is even more

essential. You should strongly consider insisting on a premarital agreement

before getting married if:

You have significant assets and property going into the marriage.

You expect to inherit a family business or a substantial amount of property

or assets during the course of the marriage.

You plan to start your own business or are already running your own

company.

You or your spouse has children from a prior marriage.

Either spouse has a significant amount of debt or will incur a significant

amount of debt such as student loans for furthering his or her education.

You expect there to be a significant earning discrepancy between you and

your spouse.

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Your attorney can help you to review your circumstances and the financial

position that you are in and will achieve in the future in order to determine if a

premarital agreement is the right choice for you. Your lawyer can also help you to

negotiate the terms of a premarital agreement and draft a contract that the court

should enforce if your marriage ends.

GETTING LEGAL HELP

Before entering into a premarital

agreement, it is essential that there

is full disclosure of the assets and

debts of each spouse. Both

spouses must have the opportunity

to review and understand the

agreement and a premarital

agreement will not be considered

valid or enforceable if it was signed under duress.

Having an attorney representing you will help you to ensure that the agreement

you sign is fair and reasonable under Arizona laws regarding marriage and

divorce. Your lawyer will also help you to follow legal formalities so your

agreement will be enforced in the event of a future divorce. Call a professional

Phoenix, AZ divorce and family law attorney as soon as possible when you plan

to enter into a marriage for advice on creating a premarital agreement that is right

for you.

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About Singer Pistiner, P.C. In the midst of a family crisis, you may feel like you have nowhere to turn. But there is a solution. At Singer Pistiner, P.C., we will help you to find it. As a small firm, we are able to respond quickly to your needs and concerns. The efficiencies of being a small firm also enable us to provide high-quality legal services at affordable rates.

At Singer Pistiner, P.C., in Phoenix, Arizona, we know that divorce is an emotionally and financially taxing experience. That’s why we provide you with a simple, quick and personalized approach to family law services where you will deal with one attorney who will handle your case from start to finish.

Your Personal Attorneys

Throughout the legal process, our lawyers will keep you informed of important developments. We will return your phone calls, answer your questions and address any additional issues that may arise in the course of your case.

We will devote all of the time and effort needed to achieve the best possible outcome. Our law firm can take your case to family court, which is a part of the Superior Court of Arizona, or handle it through another avenue of resolution such as mediation. In addition to divorce, our lawyers handle paternity, prenuptial agreements, grandparents’ rights, orders of protection, child relocation, and modification and enforcement issues.

In any family law case, your best interests are our overriding concern. Our goal is to find the right solution for you — in an efficient, timely and affordable manner.

FAMILY LAW ATTORNEYS SERVING PHOENIX, GLENDALE, SURPRISE, SCOTTSDALE, TEMPE, CHANDLER AND MESA

If you’d like to know more about how our Phoenix family law firm handles divorce and other family issues, please feel free to call 602-264-0110 or send us an e-mail to schedule a free initial consultation.

Singer Pistiner, P.C. 1 East Camelback Road, Suite 550 Phoenix AZ 85012 Phone: 602-264-0110 Fax: 602-264-0440 Website: www.singerpistiner.com