Easy Questions  
Free Legal Documents

Do I Need a Lawyer for a Prenuptial Agreement in Charles Town, WV

Do I Need a Lawyer for a Prenuptial Agreement in Charles Town, WV


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 WV 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 WV Power of Attorney Download this Document
Page 1
Page 2
Page 3
Page 4
Page 5
Related Legal Services near Charles Town, WV
Thompson Michael D
119 E Liberty St
Charles Town, WV 25414
(304) 728-8808
Attorneys, Legal Service Plans
Briel Michael
201 N George St # 101
Charles Town, WV 25414
(304) 724-8222
Attorneys, Real Estate Attorneys, Real Estate Buyer Brokers, General Practice Attorneys
Kane Thomas M
637 Turnberry Dr
Charles Town, WV 25414
(304) 724-7970
Attorneys
Public Defenders Corp
214 W Liberty St
Charles Town, WV 25414
(304) 728-7811
Attorneys, Legal Service Plans
Kratovil & Amore PLLC
211 W Washington St
Charles Town, WV 25414
(304) 728-7718
Attorneys
Kratovil Law Offices P
211 W Washington St
Charles Town, WV 25414
(800) 296-7718
General Practice Attorneys,  Attorneys,  Criminal Law Attorneys,  Legal Service Plans
Godfrey Tanya
211 W Washington St
Charles Town, WV 25414
(304) 728-7718
Attorneys, Business Bankruptcy Law Attorneys, Bankruptcy Law Attorneys
The Bankruptcy Clinic
211 W Washington St
Charles Town, WV 25414
(304) 728-7718
Attorneys, Bankruptcy Law Attorneys, Legal Service Plans
Skinner John C Jr Atty
809 Morison St
Charles Town, WV 25414
(304) 725-7486
Attorneys, Legal Service Plans
Pentony Peter A
202 W Liberty St
Charles Town, WV 25414
(304) 724-7228
Automobile Accident Attorneys, Attorneys
Byrer F Samuel
202 W Liberty St
Charles Town, WV 25414
(304) 724-7228
Attorneys,  General Practice Attorneys,  Legal Service Plans,  Automobile Accident Attorneys
Davis, Laura C - Skinner Law Firm
115 E Washington St
Charles Town, WV 25414
(304) 725-7029
Personal Injury Law Attorneys, Insurance Attorneys, Attorneys
Skinner Jr John C
115 E Washington St
Charles Town, WV 25414
(304) 725-7029
Attorneys
Skinner, Andrew C - Skinner Law Firm
115 E Washington St
Charles Town, WV 25414
(304) 725-7029
Insurance Attorneys,  Attorneys,  Accident & Property Damage Attorneys,  Business Law Attorneys,  Pe
Luxford Steve N
39 W Blakeley Dr
Charles Town, WV 25414
(304) 725-6999
General Practice Attorneys, Attorneys
Lewis Eric CPA
205 W Liberty St
Charles Town, WV 25414
(304) 728-6877
Accountants-Certified Public, Attorneys, General Practice Attorneys, Tax Return Preparation, Tax Ret
Lorenzetti Ralph A
1011 Clark Ct
Charles Town, WV 25414
(304) 725-6263
Attorneys
Bryant Todd
78 Barrel Horse Dr
Charles Town, WV 25414
(304) 724-6141
Attorneys
Dorsey & Kershner Lc Atty
108 W Congress St
Charles Town, WV 25414
(304) 728-6000
Attorneys
Dorsey John K
104 W Congress St
Charles Town, WV 25414
(304) 728-6000
Attorneys, Wills, Trusts & Estate Planning Attorneys, Probate Law Attorneys
Zullo S T
296 Kimberwicke Dr N
Charles Town, WV 25414
(304) 724-5391
Attorneys
Prinz Robin S
201 N George St # 202
Charles Town, WV 25414
(304) 725-5325
Attorneys
Whitebook Barry
448 Southerly Ln
Charles Town, WV 25414
(304) 725-3756
Attorneys
Waugh Brenda
202 N Charles St
Charles Town, WV 25414
(304) 728-3660
Attorneys, General Practice Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US