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 57078

Do I Need a Lawyer for a Prenuptial Agreement in Zip Code 57078


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 SD 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 57078
Klimisch William J
319 Broadway Ave
Yankton, SD 57078
(605) 665-9495
General Practice Attorneys, Attorneys
Klimisch Robert W
311 W 3rd St
Yankton, SD 57078
(605) 665-9495
Attorneys, General Practice Attorneys
Reade Gerald L
202 W 3rd St
Yankton, SD 57078
(605) 665-8888
Attorneys
Blackburn & Stevens
100 W 4th St
Yankton, SD 57078
(605) 665-5550
Accident & Property Damage Attorneys, Attorneys, Legal Service Plans
Mitchell Laura R
100 W 4th St
Yankton, SD 57078
(605) 665-5550
Attorneys
Larson Dana
505 Broadway Ave
Yankton, SD 57078
(605) 665-5222
Attorneys
Gaskings Dana Atty
505 Broadway Ave
Yankton, SD 57078
(605) 665-5222
Attorneys, Legal Service Plans
Kabeiseman & Pollard
505 Broadway Ave
Yankton, SD 57078
(605) 665-5222
Accident & Property Damage Attorneys,  Attorneys,  General Practice Attorneys,  Legal Service Plans,
Johnson Miner Marlow Woodward & Huff Prof
200 W 3rd St
Yankton, SD 57078
(605) 665-5009
Accident & Property Damage Attorneys,  Attorneys,  Wills, Trusts & Estate Planning Attorneys,  Lega
Hovden Lindsay J
200 W 3rd St
Yankton, SD 57078
(605) 665-5009
Attorneys, Legal Service Plans
Huff Steven K
200 W 3rd St
Yankton, SD 57078
(605) 665-5009
Attorneys
Roesler Beth A
200 W 3rd St
Yankton, SD 57078
(605) 665-5009
Attorneys
Woodward Shelia S
200 W 3rd St
Yankton, SD 57078
(605) 665-5009
Attorneys
Koletzky Law Office
231 Broadway Ave
Yankton, SD 57078
(605) 260-5000
Attorneys, General Practice Attorneys
Thurman Creighton A
1800 Broadway Ave
Yankton, SD 57078
(877) 514-4928
Attorneys, Criminal Law Attorneys, Sexual Harassment Attorneys
Fox Dan
216 W 3rd St
Yankton, SD 57078
(605) 665-4308
Attorneys
Youngberg Luci
216 W 3rd St
Yankton, SD 57078
(605) 665-4308
Accident & Property Damage Attorneys,  Attorneys,  General Practice Attorneys,  Legal Service Plans
Pier Steven L
322 Walnut St
Yankton, SD 57078
(605) 665-3000
Attorneys
Knoff David D
322 Walnut St
Yankton, SD 57078
(605) 665-3000
Attorneys, General Practice Attorneys
Marshall Andrew J
322 Walnut St
Yankton, SD 57078
(605) 665-3000
Attorneys, General Practice Attorneys
Loftus Kevin J
322 Walnut St
Yankton, SD 57078
(605) 665-3000
Attorneys
Lewno Law Office
1901 Broadway Ave
Yankton, SD 57078
(605) 689-2992
Attorneys, General Practice Attorneys
Dietrich Donna K
506 Applewood Dr
Yankton, SD 57078
(605) 665-2540
Attorneys,  Wills, Trusts & Estate Planning Attorneys,  General Practice Attorneys,  Estate Plannin
Lacroix Law Office
806 Belfast St
Yankton, SD 57078
(605) 665-2535
Social Security & Disability Law Attorneys,  Attorneys,  Accident & Property Damage Attorneys,  Will
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US