The prenuptial agreement takes much longer than most people know. In some countries and religions, this is not only an option, but it must be done before marriage. On the other hand, some countries (such as the United Kingdom) do not recognize these agreements’ legality. Family lawyers are often involved in helping draft these agreements in recognized countries.
In the beginning, the prenuptial agreement was designed to protect the rights and property of a woman when her husband died. Nowadays, when a marriage ends in divorce, it is mainly used as a way for the rich to protect their wealth. This is an understandable consideration. Today’s marriages often end in divorce.
Divorce is not the only reason why family lawyers help more than 100 couples reach prenuptial agreements. These legal agreements are contracts drawn up before the wedding ceremony, where both parties determine what to do with assets and property in the event of death, divorce or separation. We are used to hearing these agreements only in the case of divorce, but this is not the only reason for creating one.
In the past, most family lawyer clients for prenuptial agreements were elderly couples, usually couples who got married for the second time. Most of the arrangements at the time were designed to protect first-marriage children from the first marriage. This ensures that if a parent dies, the children of that parent’s previous marriage will still be taken care of instead of being raised by the surviving stepparent. However, many people today are waiting until their old age to get married for the first time, so family lawyers have seen a change in their clients, and they have asked them to help make one of the legal agreements.
There is a growing feeling that prenuptial agreements indicate a lack of trust between people who intend to get married. This is not always true; many people ask their lawyers to draft these legal agreements to avoid disagreements and lengthy court cases where the marriage doesn’t work out. The judge does not always uphold the agreements.
In most cases, it is best for each party in a prenuptial agreement to have its own independent lawyer. This prevents problems when one of your spouse’s divorces or dies. After deciding to get married, it is also good to draft the agreement as soon as possible if the judge must decide whether to comply with the agreement, waiting until a few days before marriage is more likely to cause problems. If you consider having your lawyer make a prenuptial agreement, talk to him or her about the various things that are usually included in a lawyer.