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What is the difference between antenuptial and prenuptial agreement?
Wiki User
∙ 9y ago
There is no difference between ante nuptial and prenuptial agreement. They both mean the same thing which is an agreement made by two people before getting married relating to possession of their property.
Wiki User
∙ 9y ago
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Can you get a prenuptial agreement in different State other than your residency?
A prenuptial agreement is between the two individuals and they have their own reasons so they can go to a lawyer in any State to have the prenuptial drawn up.
Is there statute of limitations on prenuptial agreement?
A prenuptial agreement is a contract between a married couple. As such, actions resulting from the breach will be limited by the civil limitations. The agreement itself never expires.
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You should consult with an attorney in your jurisdiction who should be able to tell you if the agreement was nullified by the change in circumstances, i.e., marriage. Agreements between married couple are generally called prenuptial agreements.
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The Importance Of A Prenuptial Agreement?
A prenuptial agreement is a contract signed voluntarily between two parties who intend to marry. In this agreement, special arrangements and specifications are made regarding each party's assets. A prenuptial agreement is used by couples who are entering a marriage and intend to keep their pre-existing assets solely in their possession. Should the couple later choose to divorce, the assets of the parties will be protected from seizure or division by the other. When two people marry and do not have a prenuptial agreement, if a divorce is sought later, the assets are divided equally or as ordered by a judge. If one party had several assets, such as a house, car and land, while the other spouse had no assets, after the divorce ruling, the spouse who previously owned nothing could be awarded one or more of those assets held by the other spouse. To avoid an undesirable division of assets in the event of a divorce, one party may elect to propose a prenuptial agreement. Any signed and written agreement is considered binding, but for the sake of fully protecting assets, the party desiring the agreement should contact an attorney to draw up the legal forms. There are sometimes exclusions and other specifications that must be listed in a prenuptial agreement for certain things that require a solid agreement; without solidity, the agreement may be permeable for the other spouse to manipulate and obtain belongings. Some couples choose to enter into a civil union instead of formal marriage; prenuptial agreements are binding in these unions also. Prenuptial agreements may include specific instructions about most things, but there are several items that are not allowed to be included. Illegal provisions, those that contribute to the event of a divorce and custody of children are all things that are not allowed to be placed in a prenuptial agreement. Some states do allow specifications to be made about alimony in the event of divorce. Contrary to popular belief, wealthy individuals are not the only type who use these agreements. Prenuptial agreements may be used by anyone who feels they have possessions of value that they want to be protected. Considered a preventative measure merely in protecting one's own assets, a prenuptial agreement is not a tool for creating division or harsh feelings. Couples are encouraged to use these agreements before getting married and consulting an attorney to assist in document preparation.
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Understanding the Importance of a Prenuptial Agreement?
A prenuptial agreement, more commonly known as a prenup, is a contract between two individuals who intend to marry or enter into a civil union. This contract, which is created prior to the union, outlines what will happen should the couple get divorced. Prenuptial agreements usually dictate how the couple will split their assets, property and handle spousal support. This agreement might also include provisions penalizing an unfaithful spouse or dictate certain spousal responsibilities. The main thing a prenuptial agreement may not contain is terms regarding the future custody or visitation of a child.How to Determine If You Need a PrenupPrenuptial agreements are used to protect the finances of both parties in case of divorce. Divorce can take a huge toll on a person's financial security. Without a prenuptial agreement, an individual might lose valuable assets he or she worked hard for prior to the marriage.Still, it can be difficult to determine whether a person really needs a prenup. Contrary to what many people believe, these agreements are not just for the rich. Generally speaking, anyone with valuable assets, like a home or retirement fund, should seriously consider a prenuptial agreement. Business owners, breadwinners, future breadwinners and people with dependents from a previous relationship should also consider a prenup. If you fall into one of these categories, forgoing a prenuptial agreement might strip you of your rightfully earned income or assets should you get divorced.How to Create a Prenuptial AgreementFor a prenuptial agreement to be valid, it must be in writing, created voluntarily and be reasonably fair to both parties. Neither party can attempt to hide certain terms or deceive their future spouse. To prove the agreement is authentic, both parties must sign the document in front of a notary public.While these requirements are fairly straightforward, writing a prenuptial agreement can be difficult. To create this agreement, individuals protecting large assets should consult an experienced attorney. In this case, both parties should consult their own attorney to ensure the agreement is in their best interests.Couples protecting more conservative assets can sometimes create their own contract using state-specific templates and forms. These forms are almost entirely written and allow couples to simply fill in the blanks. As long as your prenuptial agreement meets your state requirements, choosing to create your own contract or using an available template will save you both money and time.
How to Prepare a Prenuptial Agreement?
When preparing for marriage, it may be a good idea to consider a prenuptial agreement, or an antenuptial agreement. This document is also referred to as a premarital agreement and can assist both parties entering into the marriage with protecting assets and determining debt responsibility in the event of death or divorce.1. The couple should first discuss between themselves honestly and openly so that there are no surprises upon actually preparing the agreement.2. Both parties may want to acquire an attorney or legal representative or have the opportunity to seek their own individual counsel before the agreement is finalized.3. Prepare a list of all of the assets, liabilities, income and any planned inheritances. Everything must be disclosed and included in the prenuptial agreement. Determine who will be responsible for debt that occurs during the marriage, whether it will be based upon the individual or as a couple.4. Residences and real estate should be included as well as ownership. The parties will also need to determine or agree upon who will own the property in the event of a divorce and whether or not the original owners will retain ownership.5. All agreements must be made in writing and will often need to be witnessed and notarized. In order to ensure that a prenuptial agreement is binding and enforceable, it will need to be looked at by an attorney.Other Points to Consider•Premarital assets and liability and what exactly each party is bringing into the marriage.•Potential death benefits and life insurance and how they will be distributed.•Whether or not spousal maintenance and future alimony will occur in the event of a divorce.What a Prenup Will Not CoverPrenups cannot contain or cover illegal activity nor can it include anything that goes against public policy. Further, a prenuptial agreement does not usually contain non financial matters like child care and household matters.It is important to remember that prenuptial agreements are not just for the rich and famous. If one party has significantly more assets or liabilities than the other or if there are children from a previous marriage, a prenuptial agreement can benefit and protect both parties. They are most often looked upon as anticipating failure of the marriage, but alternatively should be accepted as a form of insurance or protection for all parties involved.
What is the difference between promise and agreement?
A promise is when you tell someone you will do something, and agreement is when you both decide that something is right.
