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 Stearns, KY

Do I Need a Lawyer for a Prenuptial Agreement in Stearns, KY


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 KY 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 Stearns, KY
Eaton Laura R
138 Apple Aly
Hartford, KY 42347
(270) 298-7771
Attorneys, Family Law Attorneys, Legal Service Plans
Jackson Dan
311 Liberty St
Hartford, KY 42347
(270) 298-7748
Attorneys, Legal Service Plans
Gilliam Law Office
181 Main St N
Mc Kee, KY 40447
(606) 287-7725
General Practice Attorneys, Attorneys
Bolt, Deborah L
117 E Center St
Hartford, KY 42347
(270) 298-7658
Attorneys, Legal Service Plans, Real Estate Attorneys
Hagan, Charles A
117 E Center St
Hartford, KY 42347
(270) 298-7658
Real Estate Attorneys, Attorneys, General Practice Attorneys, Legal Service Plans
Lindsey Hollie B
127 E Washington St
Hartford, KY 42347
(270) 298-7435
Attorneys, Legal Service Plans
Watson James S
127 E Washington St
Hartford, KY 42347
(270) 298-7435
Attorneys
Ward Tara N
127 E Washington St
Hartford, KY 42347
(270) 298-7435
Attorneys, Legal Service Plans
Holtrey Travis L
127 E Washington St
Hartford, KY 42347
(270) 298-7435
Attorneys
Foreman Watson, LLP
127 E Washington St
Hartford, KY 42347
(270) 298-7435
General Practice Attorneys, Attorneys, Legal Service Plans
Barron Robert
2347 Beda Rd
Hartford, KY 42347
(270) 298-7151
Attorneys
Roberts Allen B
PO Box 759
mc Kee, KY 40447
(606) 287-5223
Attorneys, Legal Service Plans
Allen Sharon K
PO Box 1228
mc Kee, KY 40447
(606) 287-4337
General Practice Attorneys, Attorneys, Legal Service Plans
Mckown & Hunt PLLC
142 E Center St
Hartford, KY 42347
(270) 298-3506
Civil Litigation & Trial Law Attorneys,  Criminal Law Attorneys,  Divorce Attorneys,  Estate Plannin
Martin E F Jr Attorney
408 S Main St
Hartford, KY 42347
(270) 298-3284
Attorneys, General Practice Attorneys
Martin Frank Law Office
408 S Main St
Hartford, KY 42347
(270) 298-3283
Attorneys, General Practice Attorneys, Legal Service Plans
Conway & Keown
124 W Union St
Hartford, KY 42347
(270) 298-3231
Social Security & Disability Law Attorneys,  Attorneys,  Criminal Law Attorneys,  Social Security Se
Koewn Justin S
124 W Union St
Hartford, KY 42347
(270) 298-3231
Attorneys
Natalie L. Ralph
124 E. Washington Street, #3
Hartford, KY 42347
(270) 302-0383
Child Custody Attorneys, Divorce Attorneys, Family Law Attorneys, General Practice Attorneys, Attorn
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US