Wednesday, May 13, 2009

What rights will the Prenuptial Agreement affect?


Question:
What rights will the Prenuptial Agreement affect?

Answer:
The scope of a Prenuptial Agreement can be as broad or as limited as the situation dictates or you and your fiancé desire. It can deal with just one asset or it can fix all of the rights arising out of the marital relationship.

For example, upon divorce in Pennsylvania either spouse may request that their marital property be divided between them. Rather than leave such a decision to the court or even to a negotiation process between the divorcing couple's attorneys, the parties themselves could agree prior to marriage on how their assets will be divided in the event of a divorce. Similarly, an agreement can fix their respective rights to alimony or support in the event of a divorce or separation. In both cases, the agreement avoids a protracted battle in the event the marriage ends in divorce.

Let's say your interest is to have your children inherit your property. Without a Prenuptial Agreement, your new husband would have certain rights to at least a portion of your property. With an agreement, however, you can ensure that your children will receive their inheritance.

As relates to your rights the following is important:
1. You and your fiancé should make full and complete disclosure of your financial worth. You should never waive your rights without full knowledge of what you are giving up.
2. You and your fiancé should each have an attorney. Your attorney can review the terms for reasonableness.

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