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 84309

Do I Need a Lawyer for a Prenuptial Agreement in Zip Code 84309


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 UT 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 84309
John Walsh
3191 Valley St
Salt Lake City, UT 84109
(801) 467-9700
Attorneys, Legal Service Plans
Major Edith
3189 Joyce Dr
Salt Lake City, UT 84109
(801) 467-9327
Attorneys, Legal Service Plans
King Samuel Attorney
3189 Joyce Dr
Salt Lake City, UT 84109
(801) 467-9327
Attorneys
Bennett Kirk W
2323 Foothill Dr # 200
Salt Lake City, UT 84109
(801) 566-9309
Attorneys, Legal Service Plans
Utah Family Law Lc
2666 S 2000 E # 107
Salt Lake City, UT 84109
(801) 466-9277
Attorneys, Divorce Assistance
Mc Murray Macoy A
2230 E 3300 S # 15
Salt Lake City, UT 84109
(801) 487-9191
Attorneys
AAA Attorney Services
3191 Valley St Ste 170
Salt Lake City, UT 84109
(801) 328-9009
Attorneys, Legal Service Plans
Kelm Brian D
3191 Valley St # 170
Salt Lake City, UT 84109
(801) 328-9009
Attorneys, Legal Service Plans
Lavelle James
3665 E 3820 S
Salt Lake City, UT 84109
(801) 998-8935
General Practice Attorneys, Attorneys
Bates John F
2455 Parleys Way
Salt Lake City, UT 84109
(801) 539-8776
Attorneys
Egbert Donald L
3325 E Cummings Rd
Salt Lake City, UT 84109
(801) 467-8590
Attorneys, Accountants-Certified Public
Boyce David B
2115 Dallin St
Salt Lake City, UT 84109
(801) 531-8315
Attorneys, Legal Service Plans
Cook Craig S Atty
3645 Cascade Way
Salt Lake City, UT 84109
(801) 485-8123
Attorneys, Legal Service Plans
Cook Craig S
3645 S 3100 E
Salt Lake City, UT 84109
(801) 485-8123
Attorneys
Lokken & Associates
2733 Parleys Way Ste 204
Salt Lake City, UT 84109
(801) 663-7896
Attorneys,  Criminal Law Attorneys,  Family Law Attorneys,  Divorce Attorneys,  Juvenile Law Attorne
Campbell Patrick
2997 Cruise Way
Salt Lake City, UT 84109
(801) 272-7115
Attorneys
Howard & Howard
3365 Oakwood St
Salt Lake City, UT 84109
(801) 359-6980
Attorneys
Sonntag James
3687 S 3100 E
Salt Lake City, UT 84109
(801) 521-6467
Attorneys
Simpson, Douglas P - Turner & Simpson
2115 Dallin St
Salt Lake City, UT 84109
(801) 466-5005
Attorneys, Legal Service Plans
Guglielmo & Associates
2115 Dallin St
Salt Lake City, UT 84109
(801) 466-4911
Attorneys, Legal Service Plans
Marcy Lawfirm P
2498 Scenic Dr
Salt Lake City, UT 84109
(801) 359-2501
Attorneys, Legal Service Plans
James R Blakesley Attorney
2595 East 3300 South
Salt Lake City, UT 84109
(801) 485-1555
General Practice Attorneys, Legal Service Plans, Attorneys
James Blakesley Law Office
2595 E 3300 S
Salt Lake City, UT 84109
(801) 485-1555
Attorneys, General Practice Attorneys
Garrett & Garrett
3387 S 2700 E
Salt Lake City, UT 84109
(801) 581-1144
Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US