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Pre-Nuptial Agreements

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How to Get a Pre-Nuptial Agreement

While a pre-nuptial agreement is not exactly something you want to discuss when you are in love and preparing to marry, this legal document is an important one to think about, especially if this is your second marriage and/or you have considerable assets. It is estimated that 40 to 50 percent of all marriages end in divorce in the United States. A pre-nuptial agreement does not mean that you do not love or trust your partner or that you expect to get a divorce but instead it is a way of protecting everything you have worked for.

You can either go to a lawyer to have a pre-nuptial agreement drafted or you can download pre-nuptial agreement forms or templates by way of the Internet so you can save yourself some much needed cash for other things (such as your wedding). If a couple divorces and does not have a pre-nuptial agreement and cannot agree on who should get what, then the state will decide how to decide their assets. This can be a very unsettling state of affairs. Do not allow your financial future to be determined by the state, instead have a pre-nuptial agreement drawn up before the big day so you both can have peace of mind.

Communication is key to any relationship so it is essential to sit down with your husband or wife-to-be and discuss the pros of signing a pre-nuptial agreement. While this will probably not be an easy discussion to have, it might relieve some anxiety on the part of both individuals. Walking down the aisle is an exciting prospect but also a frightening one and the last thing you want is to worry about your finances as well. Be aware that while you may hope for marital bliss you might be rewarded with such but on the other hand, you might not. Being prepared for the financial downturn that could result is essential. Always share your reasons for wanting a pre-nuptial agreement with your significant other as well as your concerns about what happens after the ink has dried on the document.

You will both need to make a list of your assets as well as your debts. Be aware that whatever you own is considered your property until the day you get married and then it becomes both of your property. Once your list is written down decide what you each want to keep as your own and what should be shared in the event that your marriage dissolves. Any assets of yours that are included in the pre-nuptial agreement are not considered marital property.

Each party should have their own lawyer. The two lawyers will work together to draft a pre-nuptial agreement, which the bride and groom must then both agree to the terms of. Always review the agreement carefully before you sign it.

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