12Law Arrow 12Law Arrow  Easy Questions  
12Law Arrow 12Law Arrow Instant Legal Documents
 
 
FINANCIAL & MARITAL

Cohabitation Agreement coming soon!
Separation Agreement coming soon!
No-Fault Divorce coming soon!
Bankruptcy coming soon!
 
 

Do I Need a Lawyer for a Prenuptial Agreement in Zip Code 71660

Do I Need a Lawyer for a Prenuptial Agreement in Zip Code 71660


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 12Law.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 12Law.com for listings of lawyers in your neighborhood.
 
Personalize & Print a Free AR Premarital Create This Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
Page 9
Page 10
Page 11
Related Legal Services near Zip Code 71660
Niblock & Bueker Attorney
120 N Spring St
Stuttgart, AR 72160
(870) 673-8444
Business Bankruptcy Law Attorneys,  Attorneys,  General Practice Attorneys,  Bankruptcy Law Attorney
Niblock & Bueker Attorney
615 S Main St
Stuttgart, AR 72160
(870) 673-8444
Personal Injury Law Attorneys,  Social Security & Disability Law Attorneys,  Bankruptcy Law Attorney
Niblock & Bueker
120 N Spring St
Stuttgart, AR 72160
(870) 673-8444
Business Bankruptcy Law Attorneys, Attorneys, Bankruptcy Services, General Practice Attorneys, Bankr
Smith Malcolm
407 S Main St
Stuttgart, AR 72160
(870) 673-7662
Attorneys, Legal Service Plans
USA Rice Federation
1902 S Main St
Stuttgart, AR 72160
(870) 673-7541
Attorneys
Rieves Elton A
213 E Washington St
Mountain View, AR 72560
(870) 269-5757
Attorneys, General Practice Attorneys, Legal Service Plans
Felton III Dan
6 W Chestnut St
Marianna, AR 72360
(870) 295-5275
Attorneys
Fowlkes Whitman W
110 Howard Ave
Mountain View, AR 72560
(870) 269-4533
Attorneys
Molock Dennis R
300 W 3rd St
Stuttgart, AR 72160
(870) 673-4426
Attorneys, General Practice Attorneys
Smith Malcolm Atty
2117 Fairway St
Stuttgart, AR 72160
(870) 673-4349
Attorneys
Perry Joseph R
12 S Poplar St
Marianna, AR 72360
(870) 295-3434
Attorneys
Dobbins Jeff
410 E Main St
Mountain View, AR 72560
(870) 269-3281
Accident & Property Damage Attorneys, Attorneys, Legal Service Plans
Nolan & Henry
411 S Main St
Stuttgart, AR 72160
(870) 673-3200
Estate Planning Attorneys,  Attorneys,  General Practice Attorneys,  Criminal Law Attorneys,  Busine
Lewellen Roy C
17 N Poplar St
Marianna, AR 72360
(870) 295-2764
Attorneys
Lafayette Cnty Dpty Prosecutor
303 Main St
Stamps, AR 71860
(870) 533-2397
Attorneys, County & Parish Government
Benefiel V
5537 Highway 21 N
Oak Grove, AR 72660
(870) 749-2328
Attorneys
Arkansas Cnty Juvenile Officer
514 S Main St
Stuttgart, AR 72160
(870) 673-2171
Criminal Law Attorneys, Attorneys
Hensley Jr James E
1264 Luber Rd
Mountain View, AR 72560
(870) 269-2004
Accident & Property Damage Attorneys, Attorneys, Legal Service Plans
Hensley James
PO Box 157
Mountain View, AR 72560
(870) 269-2004
Criminal Law Attorneys,  DUI & DWI Attorneys,  Adoption Law Attorneys,  Attorneys,  Child Custody At
Nolan Law Group, P
411 S Main St
Stuttgart, AR 72160
(877) 867-1256
Attorneys
Berry Title Co
721 S Main St
Stuttgart, AR 72160
(870) 673-0083
General Practice Attorneys, Title Companies, Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US