What Things Should Be Included In A Prenuptial Agreement? Get Legal Assistance Posted by divorcelawyersperthwa on March 12, 2020
Embarking upon your nuptial journey is the most pleasurable feeling you have got till now. There are so many arrangements to be made, right from the wedding outfits, a scrumptious menu to that of making a massive list of invitees. But, have you ever thought that there can come a day when you people might move apart? Well, nobody does and don’t you. But many couples initiate their marital life quite ecstatically, but, end up quite resentfully after a few years. However, since you shared an inseparable bond with your partner, hence, it’s your utter duty to allocate your assets and belongings, both movable and immovable equally amongst you and your partner. Here, where the role of a premarital agreement comes to play. This is a substantial document that specifies the rights and liabilities which need to be met by both the parties, and whether or not the marriage will end in divorce or not. In this regard, the best divorce lawyer can help both parties about framing the best prenuptial agreement for them. Reasons
to apply for a prenuptial agreement
Whether or not you and your spouse will apply for a prenuptial agreement depends completely on you people. Instead of daunting you about a resentful end of your marriage, it helps you envisage a scenario when you and your partner might wish to move apart. The best divorce lawyers Perth will assess your current circumstances and acquaint you with the reasons for which a prenuptial agreement might be needed. Some of these reasons can be considered as follows:
- To reinforce your estate: As one of the prominent statements of your prenuptial agreement, it will be stated that your estate plan is enforced. Hence, your physical assets and belongings will be distributed judiciously amongst your children and your spouse and no one can breach any of the terms and conditions related to the same.
- Compensation for quitting your job: It may happen that you need to quit your job to rear up your children or look after the daily chores of your family. But, a property settlement lawyer in Perth can help you in this regard. He/she makes the best of his/her endeavors to frame an impressive prenuptial agreement where it will be written that if you have to leave your job midway, you will be compensated for your sabbatical period.
- Compensation for a poorer partner: It may be the case that either you or your partner is poorer than each other. In such cases, it will be clearly mentioned in your premarital agreement that you or your partner will be compensated accordingly at the time of divorce.
- Protection of property rights: If you are planning to get remarried and have children from your former marriage, your prenuptial agreement can help you in this regard. There will be clauses included in the prenuptial agreement that will protect both you and your children’s legal rights effectively.
So, these were some of the reasons for which you need to get a prenuptial agreement planned. However, you must get in touch with the best divorce lawyers in Perth before coming up to a final conclusion. This is said because in many case it has been seen that a couple’s divorce case has been mediated only over a nominal legal procedure. Dos
and Don’ts of your prenuptial agreement
When the best divorce lawyer will frame a comprehensive prenuptial agreement, there are several factors worth taking into consideration. What are the things you need to include and what are the things you cannot include have to be kept in mind. So, here are 4 points which have Get married! Thinking about prenuptial agreement? Have mixed thoughts about prenuptial agreement? Know how to apply prenuptial agreement with the help of divorce lawyers.been given for each, in terms of including and excluding the clauses pertaining to your prenuptial agreement. Don’ts:
- Fidelity Clause: This is one the most sensitive clauses which most of the Australian lawyers think host of times before including it in his/her framed prenuptial agreement. Fidelity between a married couple is something that cannot be proved without substantial evidence which is hard to get at times. Hence, it’s better not to include this particular clause in your premarital agreement.
- Child Custody: When it comes to child custody, no matters related to it can be included in your prenuptial agreement. This includes religious fostering, visitation as well as the child’s schooling.
- Personal Matters: Matters related to personal marital life that reflects any form of domestic affairs cannot be included in your prenuptial agreement. This includes financial matters, who looks after the chores, who are the relatives who you share an amicable bond with and a few other things.
- Alimony Rights: When it comes to alimony rights, most of the lawyers in Australia, especially Perth doesn’t give permission to include that in your premarital agreement.
- Future Financial Plans: A comprehensive premarital plan must include the duo’s future monetary plans and what are the methods and strategies comprising it.
- Estate Plan: The estate plans of both parties must be included in the prenuptial agreement according to their individual wishes after any of their demise by his/her spouse.
- Alimony Support: When a couple sets apart, a prenuptial agreement provides the permission to include the amount of alimony that has to be paid by either of the parties.
- Family Property: There are certain clauses included in a prenuptial agreement that help to protect the family property rights including business shares, heirlooms, real estate, etc.
These were 8 of the clauses given in total which have to be included and excluded while framing your premarital agreement. If you want to know further about these essential clauses, get in touch with the best divorce lawyers in Perth.
a team of competent legal professionals
So, if you are also contemplating on getting married very soon and feel that it’s utterly important to get a premarital agreement made, then the best divorce lawyers in Perth can help you in this regard. He/she will first assess your current circumstances and will suggest to you that whether you at all need a prenuptial agreement before initiating your nuptial journey.
Category: Divorce Lawyers Perth WA,
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