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GETTING MARRIED AND BEING WISE |
by:
Jinky C. Mesias |
Pre-nuptial agreement is the fad of today’s marrying generation. Pre-nuptial or pre-marital agreement is entered into by couples to refrain from future property problems that would arise from separation, annulment or divorce. And also, couples who tend to enter into a prenuptial agreement would want to make sure that their assets remain theirs if ever their marriage fails as well as to make sure that their properties would go to their children in the event of their death. Prenuptial or pre-marital agreement is a smart and practical way of accepting the fact that most marriages often times fails and end in separation or divorce.
The pre-marital or pre-nuptial agreement is a binding legal contract between the couple who are soon to marry. In fact in most states prenuptial agreement is well favored and encouraged nonetheless there are various facts as well as circumstances that should be taken in consideration by a couple in contracting a prenuptial agreement.
In order for a prenuptial agreement to be valid, couples have to make full and comprehensive written disclosure of their individual assets and liabilities. They also have to make sure that the terms and conditions of the prenuptial agreement are reasonable and fair for the couples at any given circumstances. The couples should have ample time to review the proposed prenuptial agreement with their individual legal counsel to guide them. Although prenuptial agreement can be done without the presence of a counsel however for the couple’s peace of mind it is still much preferred to have their own counsel. With regards to the form to be used there are no standard pattern the couples can simply state in their prenuptial agreement all the terms and conditions they deem appropriate to protect each of their assets and rights. Also, couples who contracted prenuptial agreement are also advised not to commingle their separate properties with those of the marital properties. They should preserve the separateness of their properties and if ever they sold a separate property they ought to deposit the proceeds of the sale into a separate account under their own name. However, if there comes a time when the couple make use of their separate money for a common purpose the money will changed from separate to marital property.
The cost of contracting a prenuptial agreement is much lower compared to the cost of getting the court to decide on your assets if ever the marriage fails. Prenuptial agreement prevents future fights over assets.
About the author:
Jinky C. Mesias is a graduate of Bachelor of Arts and Sciences in Business Administration Major in Business Management. She is at present an Associate Manager of a Life Insurance Corporation and a freelance writer.
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