Easy Questions  
Free Legal Documents

Do I Need a Lawyer for a Prenuptial Agreement in Abercrombie, ND

Do I Need a Lawyer for a Prenuptial Agreement in Abercrombie, ND


It is not a lack of love, but a lack of friendship that makes unhappy marriages.
 
- Friedrich Nietzsche


A prenuptial agreement can be a great tool for couple to establish the financial rights of each spouse in unfortunate event of a divorce including protecting a family business, securing personal assets, and taking care of children.

In some states each party is required to have an attorney and in some states you don't need a lawyer to create a prenuptial agreement. A prenup must be in writing to be legally valid in every state. It is in your best interest to use an attorney drafted Prenuptial Agreement. Check out a free preview of an attorney drafted Prenuptial Agreement at 1-2-Law.com.

Both parties must voluntarily execute the agreement, engage in full disclosure of their assets and liabilities and must sign the document in the presence of a notary public. Rules for prenups vary from state to state, and each contract will be evaluated on its individual merits. Some states require legal representation for both parties.

There are several conditions that can make a prenuptial agreement unenforceable: 1) the agreement is fraudulent because one party undervalued assets or failed to disclose them at all; 2) the agreement was coerced, signed under duress or signed without mental capacity; 3) one party didn't read the document before signing; 4) one spouse was given no time for consideration; 5) the paperwork wasn't properly signed and executed; 6) one party signed without proper legal representation (some states require it); and 7) The agreement is egregiously lopsided or contains invalid provisions such as no child support, frequency of sexual relations, visits by in-laws, etc.

The first step in the process is for the couple to agree on the essential terms of the prenup. Even in draft format, these terms should be in writing so that there is no miscommunication or misunderstanding. If prenup is drafted by a lawyer who is working for one party, it may be one-sided and adversarial and may hurt to process of getting to an agreement.

While prenups are often used to protect the assets of a wealthy fiancée, a couple with children from prior marriages may use a prenup to spell out what will happen to their property when they die, so that they can pass on separate property to their children. Without a prenup, a surviving spouse might have the right to claim a large portion of the other spouse's property, leaving much less for the kids.

Couples with or without children, wealthy or not, may simply want to clarify their financial rights and responsibilities during marriage. Or they may want to specify in advance how their property will be divided and whether or not either spouse will receive alimony (some states won't allow a spouse to give up the right to alimony). Prenups can also be used to protect spouses from each other's debts.

If you don't make a prenuptial agreement, your state's laws determine who owns the property that you acquire during your marriage, as well as what happens to that property at divorce or death. Property acquired during the marriage is known as either marital or community property. State law may even have a say in what happens to some of the property you owned before you were married.

In summary, for a prenup to be effective, the prenup must be: 1) written (oral prenups are not valid); 2) executed voluntarily and without coercion; 3) executed only after full disclosure of assets and/or liabilities; 4) conscionable; 5) executed by both parties, preferably in front of witnesses (or a notary) and 6) written in a recordable format.

Only you can decide if hiring a lawyer is right for you. Check out 1-2-Law.com for listings of lawyers in your neighborhood.
 
Personalize & Print a Free ND Premarital Download this Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
Page 9
Page 10
Page 11
 
Personalize & Print a Free ND Power of Attorney Download this Document
Page 1
Page 2
Page 3
Page 4
Page 5
Related Legal Services near Abercrombie, ND
Vogel Law Firm
115 2nd Ave W # 110
Williston, ND 58801
(701) 572-9913
Attorneys, General Practice Attorneys
Vogelpohl Steven L
1120 College Dr # 207
Bismarck, ND 58501
(701) 258-9847
Attorneys
Lucas Law Firm
501 E Main Ave Ste 170
Bismarck, ND 58501
(701) 223-9717
Attorneys, General Practice Attorneys
Peterson Amanda E
200 N 3rd St # 201
Bismarck, ND 58501
(701) 258-9705
Attorneys, Legal Service Plans
Vinje Law Firm
402 E Main Ave
Bismarck, ND 58501
(701) 258-9475
Personal Injury Law Attorneys, Insurance Attorneys, Attorneys
Vinje Law Firm
411 N 4th St Ste 6
Bismarck, ND 58501
(701) 258-9475
Attorneys, General Practice Attorneys, Legal Service Plans
Vinje, Justin J - Vinje Law Firm
523 N 4th St
Bismarck, ND 58501
(701) 258-9475
Personal Injury Law Attorneys, Insurance Attorneys, Attorneys
Armstrong Law Firm
20 1st St SW
Minot, ND 58701
(701) 838-9422
Attorneys, General Practice Attorneys
Wagner-Law Firm PC
1533 N 12th St
Bismarck, ND 58501
(701) 530-9410
Attorneys, General Practice Attorneys, Legal Service Plans
Gereszek Sarah
311 S 4th St # 103
Grand Forks, ND 58201
(701) 780-9276
Attorneys, Legal Service Plans
Kalash & Pettit
311 S 4th St Ste 103
Grand Forks, ND 58201
(701) 780-9276
Wills, Trusts & Estate Planning Attorneys,  Attorneys,  Family Law Attorneys,  General Practice Att
Pettit Kristi
311 S 4th St # 103
Grand Forks, ND 58201
(701) 780-9276
Attorneys
Ridl David J
26 3rd St E
Dickinson, ND 58601
(701) 225-9155
Attorneys, Legal Service Plans
Selinger Bruce A
26 3rd St E
Dickinson, ND 58601
(701) 225-9155
Attorneys
Bogner Jon
26 3rd St E
Dickinson, ND 58601
(701) 225-9155
Attorneys
Kubik Bogner Ridl & Selinger
26 3rd St E
Dickinson, ND 58601
(701) 225-9155
Attorneys, General Practice Attorneys
Keogh Robert A
141 3rd St W # 2
Dickinson, ND 58601
(701) 483-9146
Attorneys, General Practice Attorneys, Legal Service Plans
Howe Bruce R
150 W Villard St # 3
Dickinson, ND 58601
(701) 483-9000
Attorneys, General Practice Attorneys, Legal Service Plans
Pringle & Herigstad Law
3016 E Elmwood Dr
Grand Forks, ND 58201
(701) 775-9000
Attorneys
Schweigert David
116 N 2nd St
Bismarck, ND 58501
(701) 258-8988
Attorneys, Legal Service Plans
Mc Bride Karen L
116 N 2nd St
Bismarck, ND 58501
(701) 258-8988
Attorneys
Johnson Ari
400 E Broadway Ave # 500
Bismarck, ND 58501
(701) 258-8988
Attorneys
Klemin Lawrence R
400 E Broadway Ave # 500
Bismarck, ND 58501
(701) 258-8988
Attorneys
Bucklin Klemin & Mc Bride
400 E Broadway Ave Ste 500
Bismarck, ND 58501
(701) 258-8988
Attorneys,  Legal Service Plans,  Business Law Attorneys,  Personal Injury Law Attorneys,  Bankruptc
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US