Practical Tips About Prenuptial Agreements

Posted by Leslie SarjiAug 06, 20150 Comments

Prenuptial agreements are unfamiliar legal documents that many people do not fully understand. Many people view prenups as something only for wealthy people, or people who value money over love. However, this is absolutely not true; prenups are incredibly useful to any couple entering a marriage when the husband and wife independently own assets or property prior to the marriage. Below are some practical tips concerning prenups.

  • Don't Use a Prenup to Soothe Your Divorce Fears or Pre-Wedding Jitters. Prenups are more like an insurance policy in the event that you get divorced and are designed to protect you if your marriage unfortunately ends before “death do you part.” They do not ensure that you will not get divorced and they cannot be used to define the terms of your divorce if it ever does happen. Prenups are used to address issues that are known at the time the prenup is made, such as who will get certain existing pre-marital assets if a divorce befalls your marriage. If you are stressed about getting married, or are already fearing divorce before you even say “I do,” it may benefit you to speak with a professional therapist or pre-marriage counselor.
  • Make Sure Your Prenup Is Prepared By An Experienced South Carolina Family Law Attorney. A prenup is a contract, and the importance of a well-drafted contract cannot be overstated. It is a legally binding contract; as such, it should be prepared with the help of a qualified family law lawyer who knows South Carolina law. The laws concerning divorce and asset division vary from state to state, and thus it is important that your lawyer know the laws that govern South Carolina divorces. Furthermore, each party, both the bride- and the groom-to-be, should have their own separate legal counsel representing them as the prenup is prepared, as their separate interests are independent from one another.
  • Prenups Are Not A Matter of Distrust. Getting a prenup is not a sign that you do not love or trust one another. Instead, it represents a smart contingency plan designed to protect you in the worst-case scenario. While you may be in love right now, you may wish to plan ahead and protect yourself from unforeseen events that could happen in the future.
  • Focus on Big Issues; Don't Dabble in Details. Make use of your prenup by addressing major assets, debts and property being brought to the marriage. Vehicles, primary residences, second homes, vacation homes, and debts are all big issues that should be addressed.

When You Need of a Charleston Family Law Attorney

If you believe that you need a prenuptial agreement in place before you enter into a marriage, please do not hesitate to contact the experienced Charleston family lawyers at Sarji Law Firm, LLC today. Our experienced family attorneys will explain the importance of a prenup and how it works, and will prepare a prenup tailored to your needs. Please get in touch with us by calling 843-323-4341.

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