As the busy summer wedding season approaches, its a good time to discuss with your fianc the many benefits of a prenuptial agreement. If you decide a prenup is right for you, hiring the right lawyer has many benefits. Prenuptial attorneys can give you and your fianc peace of mind. An experienced prenup attorney can draft durable prenuptial agreements so that you and your spouse can focus on the more important things in life.
Here are some of the benefits of engaging prenuptial attorneys:
An experienced prenup attorney will be familiar with the nuances of prenuptial agreement law. State law, including the Uniform Premarital Agreement Act (UPAA), is quite intricate, and a prenup may be rendered unenforceable unless such laws are carefully followed. For instance, in California a couple generally must hold their prenup seven days prior to its execution (signing) or courts will consider the agreement void. Also, various state laws mandate that if certain provisions are included in a prenup, both parties must be represented by their own attorney. The right attorney can walk you and you spouse step-by-step through the entire prenup process.
Prenuptial attorneys can provide you with an up-front price quote, alleviating the stress of unknown costs. However, its important to understand that some attorneys charge excessive hourly billing, fees and costs. Also, some services like LegalZoom, may charge various fees for the inclusion of certain provisions (such as waiving alimony). Speaking with the right prenup attorney and discussing costs up-front can alleviate these problems and leave you with peace of mind.
Many prenuptial attorneys carry insurance. A properly insured lawyer (or law firm) provides protection for your prenup and gives you peace of mind.
Attorneys can provide you and your fianc with creative solutions to meet your unique needs. For example, some couples find it beneficial to include a sunset clause in their prenup which automatically terminates the prenup on a certain date (such as after five years of marriage). Another creative solution is offering each spouse a right-of-first-refusal, so one spouse could buy the others interest in a residence and therefore not force a sale at an inopportune time (i.e., selling the primary residence in a down market). Furthermore, an experienced prenup attorney can draft your agreement creatively to mesh the goals of both you and your fianc.
In order for a prenuptial agreement to be enforceable, the courts must deem the agreement fair and reasonable. Experienced attorneys can help draft provisions and clauses which are durable and viewed as fair and reasonable by the courts. Without an attorney-drafted prenup, you significantly increase the risk of your agreement being deemed unenforceable which can result in tens of thousands of dollars in future legal fees.
To give you and your fianc peace of mind, engage an experienced prenuptial attorney to draft and negotiate your agreement.