DOES EVERYONE GETTING MARRIED
NEED A PREMARITAL AGREEMENT?
While Almost Every Couple Getting Married Can Benefit from a Premarital Agreement, there are Certain Situations
Where this Type of Contract Is Even More Essential
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Getting married is a big step that involves joining your emotional and financial life
with another person. Before you enter into holy matrimony, it is important that
you evaluate the risks of marriage and that you take steps to protect your
financial future. Divorce is a real possibility in any marriage and you could face a
stressful and costly divorce as well as the loss of income, property and assets if
you do not plan ahead.
For most people getting married, creating a premarital agreement is a smart
choice. Premarital agreements are not just for people who are wealthy, nor are
they a sign you do not expect the marriage to last. Almost everyone can benefit
from having a premarital agreement that can act as a sort of insurance policy to
protect them in the event that the marriage does not work out.
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An experienced divorce and family law professional can assist you in determining
if you have a need for a premarital agreement and can represent you throughout
the process of negotiating and drafting your agreement.
DOES EVERYONE NEED A PREMARITAL AGREEMENT?
Anyone who enters into a
marriage could potentially face the
prospect of divorce in the future,
so it is always smart to plan ahead
for this possibility. You do not
need to have a complicated
premarital agreement and drafting
an agreement should be simple
and easy with the right attorney provided you and your future spouse are able to
work together and communicate openly.
A premarital agreement can not only specify which assets each spouse is
bringing into the marriage and will retain when the marriage ends but can also
address other issues such as inheritances, care of children from a prior marriage,
spousal support issues and joint and separate debts that a couple may have or
incur. This means that a great many people can benefit from a premarital
agreement even if they do not have a lot of money or property prior to the
wedding.
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A premarital agreement cannot waive child support or set the rules for future
child custody since it is impossible to predict what happens in the future and
since every child is entitled to support from both parents. It can, however,
address the majority of other issues that are relevant in the event of a divorce.
Ending a marriage can be very expensive and contentious if you and your
spouse are not able to agree at the time. A premarital agreement eliminates this
risk and ensures your financial stability will not be jeopardized if your marriage
ends.
WHO SHOULD HAVE A PREMARITAL AGREEMENT?
While almost every couple getting married can benefit from a premarital
agreement, there are certain situations where this type of contract is even more
essential. You should strongly consider insisting on a premarital agreement
before getting married if:
You have significant assets and property going into the marriage.
You expect to inherit a family business or a substantial amount of property
or assets during the course of the marriage.
You plan to start your own business or are already running your own
company.
You or your spouse has children from a prior marriage.
Either spouse has a significant amount of debt or will incur a significant
amount of debt such as student loans for furthering his or her education.
You expect there to be a significant earning discrepancy between you and
your spouse.
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Your attorney can help you to review your circumstances and the financial
position that you are in and will achieve in the future in order to determine if a
premarital agreement is the right choice for you. Your lawyer can also help you to
negotiate the terms of a premarital agreement and draft a contract that the court
should enforce if your marriage ends.
GETTING LEGAL HELP
Before entering into a premarital
agreement, it is essential that there
is full disclosure of the assets and
debts of each spouse. Both
spouses must have the opportunity
to review and understand the
agreement and a premarital
agreement will not be considered
valid or enforceable if it was signed under duress.
Having an attorney representing you will help you to ensure that the agreement
you sign is fair and reasonable under Arizona laws regarding marriage and
divorce. Your lawyer will also help you to follow legal formalities so your
agreement will be enforced in the event of a future divorce. Call a professional
Phoenix, AZ divorce and family law attorney as soon as possible when you plan
to enter into a marriage for advice on creating a premarital agreement that is right
for you.
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About Singer Pistiner, P.C. In the midst of a family crisis, you may feel like you have nowhere to turn. But there is a solution. At Singer Pistiner, P.C., we will help you to find it. As a small firm, we are able to respond quickly to your needs and concerns. The efficiencies of being a small firm also enable us to provide high-quality legal services at affordable rates.
At Singer Pistiner, P.C., in Phoenix, Arizona, we know that divorce is an emotionally and financially taxing experience. That’s why we provide you with a simple, quick and personalized approach to family law services where you will deal with one attorney who will handle your case from start to finish.
Your Personal Attorneys
Throughout the legal process, our lawyers will keep you informed of important developments. We will return your phone calls, answer your questions and address any additional issues that may arise in the course of your case.
We will devote all of the time and effort needed to achieve the best possible outcome. Our law firm can take your case to family court, which is a part of the Superior Court of Arizona, or handle it through another avenue of resolution such as mediation. In addition to divorce, our lawyers handle paternity, prenuptial agreements, grandparents’ rights, orders of protection, child relocation, and modification and enforcement issues.
In any family law case, your best interests are our overriding concern. Our goal is to find the right solution for you — in an efficient, timely and affordable manner.
FAMILY LAW ATTORNEYS SERVING PHOENIX, GLENDALE, SURPRISE, SCOTTSDALE, TEMPE, CHANDLER AND MESA
If you’d like to know more about how our Phoenix family law firm handles divorce and other family issues, please feel free to call 602-264-0110 or send us an e-mail to schedule a free initial consultation.
Singer Pistiner, P.C. 1 East Camelback Road, Suite 550 Phoenix AZ 85012 Phone: 602-264-0110 Fax: 602-264-0440 Website: www.singerpistiner.com